JUDGMENT The appellant stands convicted and sentenced to undergo RI for seven years u/s 376 IPC and RI for six months u/s 452 IPC and to pay a fine of Rs. 100/-, in default, to undergo RI for further 15 days by IInd ASJ Neemuch, in Sessions Trial No. 5/90. Briefly stated the prosecution case is that on 31.8.1989, in the evening at about 6 p.m. when prosecutrix Sohanbai (PW 1) was alone in her house, the appellant Shambhulal entered into the house of the prosecutrix and committed rape on her at the point of dagger and thereafter escaped from there. In the night at about 10 p.m. when Mangilal (PW 2), husband of the prosecutrix, returned from his duty, the prosecutrix Sohanbai narrated about the incident to him. Since it was raining in the night, nobody could be contacted by the prosecutrix or her husband. In the morning PW 2 Mangilal informed the incident to his colleague Narayanlal (PW 3) and their employer one Seth. Thereafterthe prosecutrix went to the P.S. Jiran alongwith her husband Mangilal and lodged the FIR (Ex. P-I) which was recorded by (PW4) Bhimsingp Ahirwar Sub-Inspector and the prosecutrix was sent to the lady Doctor for her medical examination as per Ex. P-2. Thereafter on 2.9.1989, the appellant was arrested and after completing the necessary formalities and on receipt of the Medical Report (Ex. P-3), a charge-sheet was submitted. Prosecution examined in all four witnesses at the trial. They are PW 1 Sohanbai; prosecutrix, PW 2 Mangilal, husband of the prosecutrix, PW 3 Narayanlal, a colleague of PW 2 and PW 4 Bhimsingh I.O. of this case. The defence was false implication. Appellant also examined three DWs; DW 1 Pramodar Kumar. DW 2 Karu and DW 3 Devilal on the defence that he was on duty at the MPEB Office Chitakheda. The learned trial Court, on consideration of the evidence, convicted and sentenced the appellant as indicated above. Shri Jai Singh learned counsel for the appellant has contended that lady Doctor who examined the prosecutrix has not been examined with the prosecution nor there is any explanation for her non-examination. There is a contradiction in the evidence of the prosecutrix, her husband Mangilal PW 2 on material points. There was also inordinate delay in lodging the FIR when the P.S. was only nine K.M. away from the place of occurrence. There is a contradiction in the evidence of the prosecutrix, her husband Mangilal PW 2 on material points. There was also inordinate delay in lodging the FIR when the P.S. was only nine K.M. away from the place of occurrence. The buses ply regularly right from 6 in the morning whereas the FIR was lodged on the next day at 5 p.m. which cast a doubt on the genuineness of the prosecution case. The testimony of the prosecutrix (PW 1) Sohanbai is not reliable looking to her character as the prosecutrix had changed as many as seven to eight houses during a short span in 1-1/2 years and the successive landlords of the prosecutrix had turned her away from their houses on account of large number of visitors. On perusal of the evidence of prosecutrix Sohanbai (PW 1), it is however evident that there is no material contradiction in her evidence with the FIR (Ex. P-1) and the testimony of the prosecutrix cannot be discarded simply for none-examination of the lady Doctor. The non-examination of lady Doctor is not fatal in a case when the prosecutrix is a married lady and used to sexual intercourse. It is further evident from the evidence of the prosecutrix Sohanlal (PW 1) that the offence was committed at the point of dagger; therefore, she could not raise alarm and resist the high handedness of the appellant. Therefore, it is common knowledge that when no resistance is offered there cannot be any external injury on the prosecutrix. On consideration of the case and the evidence available on the record, I do not find any infirmity on the conviction and sentence. There is no merit in the appeal. Accordingly it is dismissed. The appellant is on bail. The bail band of the appellant is cancelled and he is directed to surrender before the trial Court to serve out the sentence.