JUDGMENT 1. 1. Accused appellant Rajesh Kumar has preferred this appeal against the judgment and order dated 20.9.1997 passed by the learned Special Judge, SC/ST Cases (Additional Sessions Judge), Alwar, by which the learned Additional Sessions Judge has convicted him for offence under section 376 IPC and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs. 1000/-, in default thereof, to further undergo rigorous imprisonment for two months. 2. According to the prosecution cases, on 12.9.1996 the prosecutrix, daughter of P.W. 1 Vidhya Devi had gone to attend the call of nature. She was accompanied by another girl P.W: 2 Radha. When the prosecutrix had defecated herself and was in the process of tieing the knot of her under-wear, the accused appellant came there and by slapping Radha, made her to run away Radha started weeping and returned home. She informed P.W. 1 Vidhya Devi. Vidhya Devi immediately rushed to the spot and found that on seeing her, the accused appellant stood up and by holding his trouser ran away. She found her daughter crying and blood oozing out from her vagina. She along with her nephew took her daughter to the hospital at Kot Kasim and thereafter submitted a report. Ex. P. 1 at Police Station Kot Kasim on the same day at 5.15 PM. On the basis of this report, the police registered a case vide FIR, Ex. P 2 and proceeded to investigate the case. 3. During investigation, the police visited the place of incident and prepared site plan Ex. P 3, seized the underwear, stained with blood, of the prosecutrix which she was wearing at the time of incident vide memo Ex. P 4, arrested the accused appellant vide arrest memo Ex. P. 6 and seized underwear of the accused which had blood stains. The police got the accused appellant medically examined, the report of which is Ex. P. 8. According to the doctor, accused appellant aged 17 years was sexually potent. The doctor who examined the prosecutrix has opined that rape was committed on her. 4. After due investigation, the police submitted a charge sheet against the accused appellant for offence under Section 376 IPC and Section 3 (i) (xii) of the SC/ST (Prevention of Atrocities) Act in the court of Additional Chief Judicial Magistrate, Kishangarbas, Alwar, who in turn, committed the case to the court of Sessions. 5. 4. After due investigation, the police submitted a charge sheet against the accused appellant for offence under Section 376 IPC and Section 3 (i) (xii) of the SC/ST (Prevention of Atrocities) Act in the court of Additional Chief Judicial Magistrate, Kishangarbas, Alwar, who in turn, committed the case to the court of Sessions. 5. The case came to be tried by the learned Special Judge, SC/ST Cases Additional Sessions Judge), Alwar, who on the basis of the material available on record, framed charges against the accused appellant under Section 376 IPC read with Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act. The charges were read over and explained to the accused, who denied the charge and claimed a trial. 6. During course of trial, the prosecution examined as many as 13 witnesses in support if its case and exhibited 14 documents. The accused was examined under Section 313 Cr.PC. In his explanation, the accused appellant has been falsely involved because of political rivalary. He examined Dr. Padam Chand Jain in his defence. 7. On completion of trial, hearing both the sides and examining the evidence on record, the learned trial court while acquitting the accused appellant for offence under section 3(2)(V) of the SC/ST Act, convicted the appellant under Section 376 IPC and sentenced him as stated above. Hence the present appeal. 8. I have heard Mr. V.R. Bajwa, appearing for the accused appellant and Mr. B.M. Sharma, Public Prosecutor and perused the record and judgment of the trial court. 9. In assailing the conviction, the first argument advanced by Mr. V.R. Bajwa, learned counsel for the accused appellant is that the medical evidence does not support the prosecution case. Referring to the medical examination report of the prosecutrix, learned counsel argued that the injuries found on the genitals of prosecutrix if considered to be a result of forceful insertion of male organ, the injuries were bound to be there on the male organ of the accused appellant. Referring to the medical examination report of the prosecutrix, learned counsel argued that the injuries found on the genitals of prosecutrix if considered to be a result of forceful insertion of male organ, the injuries were bound to be there on the male organ of the accused appellant. According to the learned counsel, since in the present case, rape was alleged to have been committed by a fully developed youth on a girl of about 9 years of age who was virgin and whose hymen was intact, absence of any injury on the male organ of the accused, is suggestive of the fact that accused appellant was innocent and that he did not commit rape on the prosecutrix and for this reason alone the accused appellant is entitled to be acquitted. In support of his argument, learned counsel has placed reliance on a decision of the Apex Court in Rahim Beg v. State of U.P., (1972 Cr.L.J. 1260) . 10. I have considered the above argument. P.W. 13 Dr. Pushpa Jain who had medically examined the prosecutrix on 13.9.96 at 2.30 AM, has stated. in her statement recorded during trial that there were bruises all around valva and perinial area of the prosecutrix. There was about 1 cm tear in the ractum. Tear of introitus, forchette, rectal sphincter and perinium was also there. Her vagina was full of blood clots and fresh blood was also oozing out. There was tear of 2.5 cm in the left wall of vagina of the prosecutrix and blood was also oozing out. There was ecchymosis in her vaginal canal. All these signs present on the private parts of the body of prosecutrix leads to the only inference that rape was committed on her. That apart, on a perusal of her statement, it is evident that no question in cross examination was put to P.W. 13 Dr. Pushpa Jain to the effect that if a well developed youth commits rape on a virgin girl of hardly 9 years of age, it is necessary that injuries are bound D to be there on the male organ of the person committing rape. I have also gone through the case law cited at the bar. In Rahim Beg's case (supra), their Lordships of the Supreme Court observed as under : "According to Dr. I have also gone through the case law cited at the bar. In Rahim Beg's case (supra), their Lordships of the Supreme Court observed as under : "According to Dr. Katiyar, Medical Officer of District Jail Rae Bareli, if a girl of 10 to 12 years who is virgin and whose hymen is intact is s subjected to rape by a fully developed man, there are likely to be injuries on the male organ of the man. No injury was, however, detected by the doctor on the male organ of any of the two accused. The absence of such injuries on the male organs of the accused would thus point to their innocence. The examination of two accused by Dr. Katiyar was on August 5, 1969. The two accused however, had been arrested, according to the Prosecution, on the morning of August 4, 1969. No cogent explanation has been furnished as to why they were not soon thereafter got medically examined by the police." Having carefully gone through the above cited case law, I am of the s opinion that facts involved in the case cited are entirely distinguishable with the facts involved in the present case. In Rahim Beg (supra), the Doctor was not positive that in such cases injuries are bound to be there on the male organ. The doctor has deposed only to the extent that if a girl of 10 or 12 years who is virgin and whose hymen is intact is subjected to rape by a fully developed man, there are likely to be injuries on the male organ of the man. However, in the case before the Apex Court. this was one of the reasons amongst others creating doubt regarding complicity of the accused. In the case in hand, no question was put to the doctor whether in such cases, injuries on the male organ of accused are bound to be there. However, there s is occular evidence being trustworthy, reliable and cogent, therefore, absence of injuries on the male organ of accused is not of much significance. Thus, in my respectful opinion, the Rahim Beg's case being on different footings has no application to the facts of the present case. 11. The next argument advanced by Mr. However, there s is occular evidence being trustworthy, reliable and cogent, therefore, absence of injuries on the male organ of accused is not of much significance. Thus, in my respectful opinion, the Rahim Beg's case being on different footings has no application to the facts of the present case. 11. The next argument advanced by Mr. Bajwa, counsel for the accused appellant is that the learned trial court has committed serious error in relying upon the testimony of child witnesses P.W. 2 Radha and P.W. 5 Pooja, who is alleged to be a victim of rape. According to the learned counsel, the evidence of child witness must find adequate corroboration before it is relied. He contended that it is risky to place reliance on the evidence of RW. 2 Radha and P.W. 5 Pooja as both being child witnesses. The crux of his argument is that the testimony of a child witness should be carefully evaluated and that it must find corroboration by reliable evidence before being relied upon. In support of his argument, learned counsel has placed reliance on Panchhi v. State of U.P., (1998) 7 SCC 177 , State of U.P. v. Ashok Dixit and another (2000) 3 SCC 70 ) and Arbind Singh v. State of Bihar and one connected appeal reported in (1995 Supp (4) SCC 4167) . 12. On the other hand learned Public Prosecutor has supported" the findings arrived at by the trial court and has submitted that both the witnesses were consistent in their version. According to him, their evidence was reliable, being fully corroborated by other reliable evidence. 13. 1 have considered the rival submissions. True it is that a child witness is an easy prey to tutoring and therefore the evidence of a child witness must be evaluated with great care and caution. The statement of P.W. 2 Radha, aged about 9 years was recorded by the trial court on 6.6.97. Firstly, the witness was put to certain questions, to which she satisfactorily replied and thereafter her statement was recorded. She has stated in her examination in chief that in the evening, at about 4- 4.30 PM she and P.W. 5 Pooja had left for call of nature. The accused appellant slapped her and made her to run away and thereafter caught the hand of Pooja and took towards the bunch of bushes. She returned home to inform Pooja's mother. She has stated in her examination in chief that in the evening, at about 4- 4.30 PM she and P.W. 5 Pooja had left for call of nature. The accused appellant slapped her and made her to run away and thereafter caught the hand of Pooja and took towards the bunch of bushes. She returned home to inform Pooja's mother. She then stated that she informed the mother of Pooja that accused Rajesh was beating Pooja. in my opinion, this witnesses does not appear to be a tutored one. She has stated in specific terms as to what had happened in her presence. This part of her statement has been supported by P.W. 1 Vidhya Devi, mother of the prosecutrix. Another child witness P.W. 2 Pooja, aged about 9 years herself is a victim of sexual assault. She has stated in her statement that she and P.W. 2 Radha had gone to attend the call of nature. Accused Appellant Rajesh slapped and caught hold of her (Pooja). He put off his trouser and underwear and kept the same on the ground and then he put off her 'chaddi' and committed rape on her. Blood oozed out from her vagina and she started crying. In cross examination, the witness has stated that when accused was committing offence, she felt severe pain and was not in a position to talk. P.W. 1 Smt. Vidhya Devi mother of the prosecutrix has stated that on being informed by P.W. 2 Radha that Rajesh was beating her daughter, she immediately rushed to the river. She saw the accused lying on her daughter Pooja in river behind the dam and also found that blood was oozing out from her vagina. Having seen her, accused Rajesh ran away. She then brought her daughter to her house and from there, she along with her nephew Sanjay took Pooja to the hospital at Kotkasim and got her treated. The doctor stitched the wounds but still the oozing of blood did not stop. She thereafter lodged the report Ex. P 1. According to her statement, the police seized the blood stained under-wear (chaddi) of her daughter. The witness has further deposed that the prosecutrix remained hospitalized for about 15-20 days. 14. P.W. 3 Sanjay Kumar in his statement during trial has categorically stated that he followed her aunt to the place of incident. She thereafter lodged the report Ex. P 1. According to her statement, the police seized the blood stained under-wear (chaddi) of her daughter. The witness has further deposed that the prosecutrix remained hospitalized for about 15-20 days. 14. P.W. 3 Sanjay Kumar in his statement during trial has categorically stated that he followed her aunt to the place of incident. When he reached near the river, he found accused appellant Rajesh running from there, having trouser in his hand. Her aunt took Pooja into her lap, came home land then he accompanied her aunt to Kotkasim Hospital. 15. In the light of the observations of the Hon'ble Supreme Court, having scanned the evidence discussed above, I am of the considered view that the testimony of P.W. 5 Pooja, a child witness who herself is a victim of rape is adequately corroborated by the evidence of P.W. 1 Smt. Vidya Devi, P.W. 3 Sanjay and P.W. 13 Dr. Pushpa Jain. Similarly, another child witness P.W. 2 Radha is also a witness of sterling worth and has supported the version of the prosecutrix. 16. I have also considered the case laws cited at the bar. In Panchi v. State of UP (supra) the accused were tried for offence under Section 302/31 for having committed murder of four members of family. The members of the accused family and that of deceased family were living in the houses adjacent to each other. A few days prior to the incident the members of the deceased family had brutaly committed murders of the members of accused family which included two ladies. Attacks and counter attacks between them were frequent events between the two families. The accused were sentenced to death. When the matter came up before the Hon'ble Supreme Court. their Lordships converted death penalty into the sentence of life imprisonment. In the case referred, their Lordships of the Supreme Court have dealt with the aspect as to the importance to be attached to the evidence of a child witness. The accused were sentenced to death. When the matter came up before the Hon'ble Supreme Court. their Lordships converted death penalty into the sentence of life imprisonment. In the case referred, their Lordships of the Supreme Court have dealt with the aspect as to the importance to be attached to the evidence of a child witness. Having observed that the law is that evidence of a child witness must to evaluated more carefully and with greater circumspection because a child is susceptible to be swayed by what others tell him and thus a child witness is an easy prey to tutoring, the Supreme Court held that narration of incident by a child witness was quite natural through he saw only some part s of the occurrence and that part was so decisive as to clear all doubts regarding identity of the assailants. 17. In the case in hand, the facts, as stated above, being totally different than that of the facts involved in the above cited case, the case referred to above is of no help to the accused appellant inasmuch as, in the case cited the child witness partly seen the incident, whereas in the present case the witness herself was a victim of sexual crime. 18. In State of U.P. v. Ashok Dixit (supra) testimony of a child witness aged about 9 years who happened to be daughter of deceased was discard only on the ground that it was difficult in accept that she could have identified the other accused who was not known to her, during the occurrence. Thus this case also has no application to the facts of the present case. 19. In Arvind Singh v. State of Bihar (Supra), the husband was charged with the murder of his wife and the entire case rested on the sole evidence of daughter of deceased who was aged only 5 years at the time of incident and she was examined after four years when she was 9 years old. The Hon'ble Supreme Court having found inconsistency in her version and traces of tutoring held that implicit faith and reliance cannot be placed on the evidence of such child witness as it was not corroborated by any independent and reliable evidence. The Hon'ble Supreme Court having found inconsistency in her version and traces of tutoring held that implicit faith and reliance cannot be placed on the evidence of such child witness as it was not corroborated by any independent and reliable evidence. The facts of this case being entirely different than that of the fact in the present case, the case of Arvind Singh (supra) is of no help to the accused appellant. 20. It has also been contended by the learned counsel for the appellant that there are material contradictions in the statements of the prosecution witnesses which make the allegation of the prosecutrix doubtful and as such the conviction based on such contradictory statements deserves to be set aside in appeal by this Court. 21. I have also considered the above argument. Having scrutinised the evidence on record, I do not see any inconsistency in the statements of the prosecution witnesses. on material and important aspects of the matters so as to create doubt on the prosecution story. Generally, the statements of witnesses are recorded after a considerable period. In the instant case, the process of recording statements by the trial court started after about months from the date of incident and from a perusal of the statements of the prosecution witnesses hardly there appears to be any inconsistency except as regards timings. It is a normal rule that minor contradictions are bound to be there in the statements of the prosecution witness. Such minor contradictions, in my considered opinion, are not at all fatal to the prosecution case. 22. That apart, the prosecution case is fully supported by other material on record. P.W. 11 Mahesh Chand, who, at the relevant time, was posted a Assistant Sub Inspector at Police Station Kot Kasim and P.W. 4 Mitar Singh are the witnesses to the site plan Ex. P 3 and seizure of a chaddi Ex. P 4. Both these witnesses have certified the site plan and the seizure memo of Chaddi. The report Ex. P. 14 of the Forensic Science Laboratory also indicates human blood on the underwear of the accused and Kachhi (chaddi) of the prosecutrix. The accused appellant in his statement under Section 313 Cr.PC. has admitted the age of the prosecutrix to be 9 years as also the recovery of his blood stained Kachha. 23. The report Ex. P. 14 of the Forensic Science Laboratory also indicates human blood on the underwear of the accused and Kachhi (chaddi) of the prosecutrix. The accused appellant in his statement under Section 313 Cr.PC. has admitted the age of the prosecutrix to be 9 years as also the recovery of his blood stained Kachha. 23. Lastly, it has been contended by the learned counsel for the accused appellant that the time for commission of offence the age of the appellant was 11 years He submitted that Juvenile Justice Act has been amended by the amending Act No. 56 of 2000 and the Juvenile Justice (Care & Protection of Children Act, 2000 has been introduced. By this amendment the age of a Juvenile has been enhanced from 16 year to 18 years. On the strength of this amendment, It has been submitted that though the amendment has been introduced subsequently, but the benefit of the same can be extended to the accused in the light of legislative benevolence. 24. I have considered the above submission. Undisputedly, the age of the accused appellant at the time of commission of offence was 17 years. Keeping in mind the above legislative benevolence, while considering the question of sentence to be awarded, the age of the accused being 17 years at the time of commission of offence may be considered as an adequate and special reason for imposing lesser punishment than ten years. Thus, keeping in mind the age of the accused at the time of commission of offence and the fact that he has been in jail since 13.9.1996 i.e. for more than 5 years, lenient view may be taken while passing the sentence. In my opinion, the ends of justice would be met if the accused appellant is sentenced to the term already undergone by him. 25. For the reasons aforesaid, while maintaining conviction of the accused appellant awarded by the trial court, the sentenced awarded to him is reduced to the period already undergone by him. The accused appellant be released forthwith, if not required in any other case. With this modification, the appeal stands disposed of.Conviction Upheld-Sentence reduced -Appeal Disposed of with such modification. *******