Judgment D.P.S.Choudhary, J. 1. This appeal has been preferred against the judgment and order dated 19th April, 1996 passed by the Assistant Sessions Judge, Patna City in Sessions trial No. 106 of 1994 trial No. 226 of 1994 convicting the appellant along with co-accused Shyamdeo Paswan under Sec. 376 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the "I.P.C.") and convicted the appellant and co-accused Shyamdeo Paswan, (who is not the appellant) to undergo R.I. for 10 years. 2. The brief fact of the case is that informant Bilas Giri (P.W.-3) who is father of victim girl Tunni Kumari (P.W.-4) lodged a written petition with Fatuha P.S. on 14.6.1993 to the effect that at about 8.00 Oclock on 13.6.1993, he returned from Patna and then went to market. After some time, he returned to his home and found his wife Saroj Devi (P.W.-1) taking her daughter Tunni Kumari aged about 8 years in her lap. Tunni Kumari was weeping and her frock had coupious blood-stained. Informants wife narrated to him that at about 8.00 p.m. when Tunni Kumari was at her darwaja along with her brother Anil (P.W.-2) their neighbours accused Shyamdeo Paswan and accused-appellant Ramakant Giri took away Tunni Kumari to the market on the pretext of feeding Kachari. Anil had also accompanied them but they compelled him to return back. After some time, Tunni returned back her home weeping and her frock and under garment were stained with blood. She narrated to her mother that the above named both the accused-persons forcibly brought her near an Imali tree on the bank of the river Punpun and one after another forcibly committed rape with her. She had bleeding injury on her private part. She was crying out of pain. The informant enquired from her daughter Tunni Kumari who again narrated to him the same story and stared that both the accused committed forcible intercourse with here thereafter, the informant brought her daughter to a local Doctor, Mishri Lal for first aid but oozing of the blood did not stop. It was late in the night, hence in the morning of 14.6.1993, he came to the police station and lodged the written report before the Officer Incharge, Fatuha P.S. and on the basis of which the case was registered and after investigation charge-sheet we submitted. It was late in the night, hence in the morning of 14.6.1993, he came to the police station and lodged the written report before the Officer Incharge, Fatuha P.S. and on the basis of which the case was registered and after investigation charge-sheet we submitted. The Officer Incharge, Fatuha P.S. sent the victim girl to P.M.C.H. Patna for medical examination and treatment. He obtained in injury report. He also arrested the accused-appellant on the next day from his house but another accused Shyamdeo Paswan was absconding, After commitment, the trial proceeded in the Court below. 3. The defence case is that it is an admitted fact that there is enmity in between the informants family and appellants family. Several litigations are pending hence they have been falsely implicated in this case. No evidence has been adduced on behalf of the accused-appellant. 4. Altogether seven witnesses have been examined on behalf of the prosecution, out of which P.W 1 (Saroj Devi) mother of the victim girl stated that her daughter Tunni Kumari on the night of occurrence at about 8.15 p.m. returned home crying. She was bleeding from her private part, and her frock and other clothes were full of blood. She narrated to her that both the accused had taken her from her house on the pretext of feeding Kachari and near the Imali tree appellant and co-accused Shyamdeo Paswan committed rape on her. She also found bleeding on her private part. When her husband returned back from Patna she told him about the occurrence. Thereafter, her daughter was taken to the police station and the case was registered. She was medically examined. She has proved the written report (Exl. 1) which was written in her presence by her husband Bilas Giri (informant). She stated that at the time of occurrence her daughter was aged about eight years. In cross-examination, she stated that appellant Ramakant Giri in relation is her Jam. Meaning thereby that victim is cousin sister of appellant Ramakant Giri. She admitted that there is dispute in between the family of her husband and appellants family due to Jajimangiri and other cases are also pending. 5. P.W. 2 (Anil Giri) is brother of the victim girl. In cross-examination, she stated that appellant Ramakant Giri in relation is her Jam. Meaning thereby that victim is cousin sister of appellant Ramakant Giri. She admitted that there is dispute in between the family of her husband and appellants family due to Jajimangiri and other cases are also pending. 5. P.W. 2 (Anil Giri) is brother of the victim girl. He stated that at about 8.00 p.m. on 13.6.1993 he along with his sister Tunni Kumari were sitting and playing at the door of their house, Appellant Ramakant Giri came there and asked his sister Tunni Kumari to accompany him for feeding Kachari. Tunni Kumari accompanied him. He also followed them but he was asked by the appellant to go back and as such he returned back. After some time his sister Tunni Kumari returned who was weeping and crying. She stated to her mother about the occurrence of rape commit red on her. After some time, his father returned back to who was told about occurrence. He identified the appellant and co-accused in the dock. He was examined by the I.O. 6. P.W.-3 (Ram Bilas Giri) is the father of the victim girl and informant of the case. He supported the prosecution case as made out in the written report (Ext. 1) and stated that when he returned back his house from Patna at about 8.15 p.m. on 13.6.1903, he saw his daughter weeping and blood was coming out from her private part and clothes were full of blood stained. Tunni Kumari stated to him that appellant and co-accused Shyamdeo Paswan have committed rape on her near Imali tree. He immediately took her to a nearby Doctor for first aid. Since it was late night, therefore, in the morning he went to the police station and gave a written report to the occurrence. Her daughter was sent for treatment to P.M.C.H. Patna. 7. P.W.-4 (Tunni Kumari) is the victim girl. The Court has estimated her age as nine years on the date of deposition. Her intelligence was tested by the Court at the time of her deposition. She stated that appellant Ramakant Giri and co-accused Shyamdeo Paswan took her from her door on the pretext of giving Kachari She accompanied them. They took her near Imali tree and appellant and co-accused forcibly committed rape on her. She started bleeding. Her clothes were smeared with blood. She stated that appellant Ramakant Giri and co-accused Shyamdeo Paswan took her from her door on the pretext of giving Kachari She accompanied them. They took her near Imali tree and appellant and co-accused forcibly committed rape on her. She started bleeding. Her clothes were smeared with blood. She returned back to her house and narrated about the occurrence to her mother and thereafter to her father. Before the I.O. also she stated about the occurrence and named both the accused-persons, whom she identified in the dock. She stated that she was sent for medical treatment in the hospital. 8. P.W.-6 (Dr. Sudhakar Rai) has examined the victim girl on 14.6.1993 at 9.15 a.m. and found her age about eight years. The girl was crying and blood discharge was coming out of her vulva. On her clinical examination, he found the vulva torn, tender and messively swollen. The hymen was found ruptured. After vaginal swear oh microscopic examination confirm the presence of immotile spermatozoa. In his opinion, the age of injury was within 24 hours and he further opined that victim girl was raped. The Doctor (P.W.-5) also examined the accused appellant Ramakaht Giri on the same date at 12.05 p.m. and stated that accused was not impotent and further opined that he might have intercourse within 24 hours. 9. P.W. 6 (Satya Narain Puri) stated in his examination-in-chief that on 13.6.1993 he came to know about the occurrence of rape committed on Tunni Kumari. Thereafter, he went to the house of the informant where his wife told him that appellant Ramakant Giri and accused Shyamdeo Paswan had committed rape on her daughter Tunni Kumari. Tunni Kumari also narrated to him about the occurrence and named both the accused who committed rape on her. He stated that on the direction of the informant he wrote the written report (Ext. 1). P.W.-7 (S.N.P. Gupta) is a formal S.I. of Police, who has proved the case diary (Ext. 6) and formal F.I.R. (Ext. 7). 10. On the basis of the evidence discussed above and after considering the evidence of the prosecutrix corroborated by the evidence of the Doctor (P.W.-5) the trial Court has come to the finding that prosecution has been able to substantiate the charge levelled against the appellant Ramakant Giri and co-accused Shyamdeo Paswan and convicted them accordingly. 11. 7). 10. On the basis of the evidence discussed above and after considering the evidence of the prosecutrix corroborated by the evidence of the Doctor (P.W.-5) the trial Court has come to the finding that prosecution has been able to substantiate the charge levelled against the appellant Ramakant Giri and co-accused Shyamdeo Paswan and convicted them accordingly. 11. The learned lawyer appearing on behalf of the appellant, submitted that the evidence of the prosecutrix (P.W.-4) is not supported by any other eye-witness. The victim girl is a child witness, as such her evidence requires corroboration from another eye-witness. In this regard, the fact and circumstances of the case is to be considered. The occurrence took place in the night at a lonely place near the bank of river. Appellant and co-accused have taken the girl at this lonely place on pretext of giving her Kachari. The girl was known to the appellant and also a distant relation therefore, she a company the appellant which is no found natural. It has nowhere comes in the evidence that at the time of occurrence any other person of the locality had assembled, as such chance of any eye-witness is ruled out. The occurrence was reported by the victim girl to her mother within few minutes of the occurrence as stated by P.W.-1. The girl was profusely bleeding from her private part and her clothes were smeared. This finding is corroborated by the evidence of P.Ws.-1, 2, 3, and also by the Doctor (P.W.-5). As such the evidence of the victim girl is corroborated by several witnesses; and there is no reason to disbelieve the testimony of the mother, brother and father of the victim girl. It was suggested on behalf of the appellant that there is enmity in between the parties as admitted by P.Ws.-1 and 3 and cases are pending in between the two families. This fact is not in dispute that the families are on litigating terms. As stated by the A.P.P. this may be cause of committing rape on a minor girl by the appellant. Besides, it is beyond reasoning that by reporting an occurrence of rape a parent will sacrifice the honour and prestige of their minor daughter and also of their family. As stated by the A.P.P. this may be cause of committing rape on a minor girl by the appellant. Besides, it is beyond reasoning that by reporting an occurrence of rape a parent will sacrifice the honour and prestige of their minor daughter and also of their family. The occurrence of rape usually attaches a stigma with the family and the natural tendency of the family members is to conceal such occurrence as far as possible. Therefore, it does not appeal to the reasoning that because of enmity in between the parties the parent of the girl will falsely implicate the appellant after stacking the honour of their daughter, the medical evidence as discussed above, fully corroborates the prosecution case and the evidence of the victim girl that she was raped within 24 hours of her examination. The Doctor has also examined the accused-appellant and found that he had committed sexual intercourse within 24 hours he was not impotent. This is another circumstance which corroborates the prosecution case. 12. It was further argued on behalf of the appellant that as per the prosecution case and the evidence of P.W.-3, the victim girl, was first examined by a local Doctor Mishri Lal but he has not been examined, so also the I.O. of the case not examined. This caused prejudice to the defence. The non-examination of Dr. Mishri Lal has not caused any prejudice to the defence. It has come in the evidence that he was a local doctor before whom the victim father went for the first aid of his daughter and thereafter on the next morning the girl was examined by P.W.-5. Therefore, non-examination of Dr. Mishri Lal has not damaged the prosecution case. The prosecution should have examined the I.O. but his non-examination has not caused any serious prejudice to the defence. The mere non-examination of I.O. as a rule does not cause prejudice to the defence unless it is shown that dome vital contradiction in the evidence of P.Ws. could not be brought on record from their earlier statement made before the I.O. In cross-examination of P.Ws.-1, 2, and 3, nothing has been shown that they have given a contradictory evidence in the Court with their earlier statement made before the police. As such, I come to the finding that non-examination of I.O. has not caused any prejudice to the defence. As such, I come to the finding that non-examination of I.O. has not caused any prejudice to the defence. The learned appellants lawyer has tried to highlight some of the contradictions made in the evidence of informant (P.W.-3) and P.W.-4 (the victim girl). Their evidence read together in substances proved beyond doubt that when the informant came to his house at about 8.15 p.m. he found his daughter bleeding. She and her mother narrated to him about the occurrence and thereafter in the morning he went to the police station and case was registered. As stated above, there is unimpeachable evidence of the victim girl corroborated by the evidence of the mother brother and father and also supported by the medical evidence, and the only conclusion that is arrived is that appellant alongwith co-accused Shyamdeo Paswan had committed rape on the victim girl. 13. In the result, I do not find any merit in this appeal, which is accordingly dismissed. 14. It was submitted on behalf of the appellant that the petitioner has remained in custody for about five years, hence his period of sentence may be reduced to the period already undergone. The learned A.P.P. opposes this contention of the appellant and submitted that considering the allegation made by the prosecution it is a case of gang-rape, as such the minimum period of sentence should be 10 years. 15. Considering the facts, circumstances and the allegation made against the accused-appellant, I do not find it a fit case in which period of sentence imposed against the appellant should be reduced. As such this prayer of the appellant is rejected.