KHEM KARAN, J. Heard Shri J. N. Choudhary, learned counsel for the appel lant and Shri Brijendra Singh learned Addl. Govt. Advocate and also perusal the record of the lower Court. 2. This criminal appeal is directed against the judgment and order dated 30-9-1985 delivered by the Illrd Addl. Ses sions Judge, Unnao. In Sessions trial No. 432 of 1984 by which he convicted the appellant under Section 376 of I. P. C. and sentenced him to a period of four years rigorous imprisonment. 3. It was alleged by the prosecution that on 12-6-1984 that about 6 p. m. while Km. Bitti, aged about 11 years had gone to graze her cattle near pond. The present appellant had forcible sexual intercourse with her, as a result of which the girl sus tained so the injuries as well. She narrated the incident to her mother. Her father Heera Lal was out on the date and when he came back in the night, he took the victim to the police station Ajgain and lodged the F. I. R. at 11. 00 p. m. The accused as well as Km. Bitti were medically examined by Dr. Smt. Krishna Purwar who was examined Km. Bitti on 13-7-1984 at 2 p. m. , found recent rupture in the hymen. There was a bleeding also. In the opinion of the doctor it was possible as a result of the rape. According to the medical examination, age of Km. Bitti was about 12 years. Di. R. C Sharma, who medically examined the ac cused Dham Ram on 13-7-1984 at 3. 30 p. m. found two abrasions on the left and right nipple. He also found that male-organ of the accused had a swelling. He however, found no blood or semen on male-organ of the accused, in the opinion of Dr. t-t. C Sharma swelling on the male- organ was possible as a result of forcible sexual intercourse. According to him Dhani Ram was 19yearsof age. 4. After necessary investigation police submitted the charge-sheet and he learned Magistrate committed the ease to the Court of Session. The accused-appel lant claimed trial. In support of its ease the prosecution examined Heera Lal as P. W. 1. Km. Bitti as P. W. 3, Vijai Bahadur as P. W. 4. Dr. Smt. Krishna Purwar as P. W. 5, B. N. Tyagi as P. W. 6and Dr. The accused-appel lant claimed trial. In support of its ease the prosecution examined Heera Lal as P. W. 1. Km. Bitti as P. W. 3, Vijai Bahadur as P. W. 4. Dr. Smt. Krishna Purwar as P. W. 5, B. N. Tyagi as P. W. 6and Dr. R. C. Sharma as P. W. 7. The accused also examined as D. W. 1. 5. The learned Addl. Sessions Judge believed the evidence of Km. Bitti which according to him found full corroboration from medical evidence. He, therefore, recorded the conviction and the sentenced as stated above. 6. The learned counsel for the appel lant Dhani Ram has confined his argu ments to the quantum of sentence and has not attempted to assail the order of convic tion. He submits that since the appellant was also not more than 18 years and since he was humiliated by the complainant and others by taking him in the entire village abadi, after the incident and since a period of about 15 years has elapsed to the date of occurrence and since the appellant has remained in jail for about 7 months in connection with this case, so the senttense should be reduced to the period already undergone. The learned counsel has also submitted that now after lapse of about 15 years, it will not be just to send to accused to jail to serve the sentence imposed upon him. 7. The learned counsel for the State has, however, submitted that it is not a fit case for taking any lenient view in the matter of sentence, because an innocent girl of 12 years was brutally raped by a young man of more than 19 years. He has argued that the medical evidence indicates that forcible sexual act was committed in a barberic manner, causing serious injuries on the private part of the girl. 8. Although the learned counsel for the appellant has not, during the course of the argument, assailed, finding of guilt, as recorded by the trial Court, yet I have carefully gone through the evidence, ad duced during the course of the trial, with a view to satisfy about the correct ness of this finding. Km. Bitti has clearly stated that. the accused Dhani Ram raped her while she had gone to graze her cattle outside the village abadi. Km. Bitti has clearly stated that. the accused Dhani Ram raped her while she had gone to graze her cattle outside the village abadi. She has been cross-examined at length but there is nothing in her state ment which may discredit her testimony on oath. The mere fact that she had no marks of injury on her back, is not significant at all and cannot to sufficient enough to dis card her statement on the point of actual occurrence. Dr. Smt. Krishna Purwar ap pearing as P. W. 5 as stated that at the time she examined Km. Bitti, there was fresh rupture in the hymen and was bleeding. In her opinion this recent rupture and bleed ing was possible on account of forcible sexual intercourse, the evidence of Dr. R. C. Sharma on the point that accused Dhani Ram had abrasions on or around both of nipples and his male-organ had swelling also supports the prosecution version and evidence of Km. Bitti. The medical evidence of those two doctors give full support to the statement of Km. Bitti. It was a case where there was over-whemling evidence on the point that accused Dhani Ram committed rape of Km. Bitti. The evidence of D. W. 1 has rightly seen discarded by the trial Court as he was an uncle of the accused and was not a disinter ested witness. Moreover, enimity even if it was with some Thakur of the village, had nothing to do with the incident of the rape and was not sufficient to discredit direct evidence of Km. Bitti. The trial Judge has said that no enimity was alleged with Heera Lal, father of the victim. I am of the view that the finding of guilt as recorded by the trial Court is well justified. There is no scope for interference with the same. 9. Coming to the sentence, I am of the view that in a case like this where a rape has been committed on a minor girl of 12 years or so by a young man of 19 years, or so and where girl received injuries as a result of such forcible sexual intercourse, no lenient view is possible. 9. Coming to the sentence, I am of the view that in a case like this where a rape has been committed on a minor girl of 12 years or so by a young man of 19 years, or so and where girl received injuries as a result of such forcible sexual intercourse, no lenient view is possible. The fact that accused was taken through the streets of village, after the incident and the fact that he remained under constant threat of sen tence for these 15 years or more fact t hat he was not so matured, do not appear to be sufficient enough, in the fact and cir cumstance of the case, to take lenient view in a case of rape and that too (sic) on a minor girl of 12 years or so. Leniency in matter of sentence may not be in the inter est of justice, so I am unable to accept the submissions made on behalf of the appel lant, for reducing the sentence to the period already undergone. 10. In the result, the appeal against conviction and sentence has to be dis missed and is dismissed. The appellant is on bail. His bail bonds are cancelled and sureties are discharged. He shall be ar rested and sent to jail, to serve the sentence imposed upon him. 11. Let the record received from the trial Court, be sent back together with the copy of this judgment. Appeal dismissed. .