JUDGMENT - BATTA R.K., J.:---The appellant was tried for rape, criminal intimidation and attempt to kill the prosecutrix who was nine years old at the time of the commission of the crime. The prosecution had examined in all 12 witnesses in support of the charges. Vide impugned judgment, dated 22-9-1998, the learned Extra Joint District Judge and Additional Sessions Judge, Nagpur, found the appellant guilty for the offence under section 376 of the Indian Penal Code and sentenced him to suffer R.I. for seven years as also fine of Rs. 3,000/-, in default, R.I. for one year. The appellant was found guilty for criminal intimidation and sentenced to suffer R.I. for two years also fine of Rs. 1,000/- in default, to suffer R.I. for two months. The substantive sentences were ordered to run concurrently. The appellant was acquitted to the charge under section 307 of the Indian Penal Code. Benefit of undertrial period in terms of section 428 of Cri.P.C. was given. The appellant challenges his conviction and sentence before this Court. 2. The prosecution case, in brief, is that on 8-10-1994 around 10.00 a.m., when the prosecutrix had gone for call of nature, the appellant caught hold her and threatened to kill her. The appellant fell her on the ground, tied her neck with string of her frock, removed his pant and sat over her. The prosecutrix had already removed her underwear to answer to call of nature. Thereafter the prosecutrix became unconscious. The blood was coming out from her private part. At that time the appellant again pressed her throat that if she would disclose the incident to any other he would murder her. She then came to her house and was unable to speak on account of the string tied around her neck. Her frock was stained with blood. She narrated the incident to her mother. The prosecutrix has identified the appellant as culprit. 3. The case of the appellant is total denial and that he has been falsely implicated. 4. Learned Advocate for the appellant urged before me that the appellant was not known to the prosecutrix; that no identification parade was held in this case and the identification of the appellant in the Court after lapse of number of years cannot be given credence and as such the appellant is entitled to acquittal. 4. Learned Advocate for the appellant urged before me that the appellant was not known to the prosecutrix; that no identification parade was held in this case and the identification of the appellant in the Court after lapse of number of years cannot be given credence and as such the appellant is entitled to acquittal. He also pointed that many contradictions were found in the testimony of Shiv Vilas Ram Awtar Choudhary (P.W. 5), father of the prosecutrix, which does not corroborate the prosecution, version. According to him, there is no material on record to connect the appellant with the crime and the injury on the finger of the appellant is not sufficient to connect him with the crime. According to him, besides the evidence of prosecutrix and her mother and the medical evidence, there is no other material to implicate the appellant in the crime. He, therefore, submitted that the appellant be acquitted of the charges. 5. On the other hand, learned A.P.P. urged before me that there is clinching evidence on record upon which the trial Court had relied upon and the Court had benefit of observing the demeanour of the said witnesses; that the clinching evidence on record which consists of the evidence of the prosecutrix, evidence of her mother to whom the prosecutrix had reported the incident immediately after the crime and the medical evidence on record are sufficient to sustain the conviction of the appellant. 6. The prosecutrix was nine years old at the time of commission of the crime. She has stated that she had gone to answer the call of nature and she had removed her underwear for the said purpose. The appellant caught her and threatened that if she shouts he would murder her. He fell her on the ground and tied her neck with string of her frock. He removed his pant and sat over her and tried to commit forcible intercourse with her and due to this act of the appellant she fell unconscious. However, after some time she regained her consciousness. She saw that blood was coming out from her private. She got up and was about to go to the house. At that time, the appellant again pressed her throat and threatened her that if she narrates the incident to anyone he would commit her murder. However, after some time she regained her consciousness. She saw that blood was coming out from her private. She got up and was about to go to the house. At that time, the appellant again pressed her throat and threatened her that if she narrates the incident to anyone he would commit her murder. She identified her frock (article 6) which she was wearing and that string of the frock on one side was missing. She further stated that because her neck was tied, she was unable to speak and her mother cut string which was tied around her neck. She further stated her frock was stained with blood. She admitted during the cross-examination that she had not seen the accused prior to the incident and that she was not called for identification after the incident. She admitted the suggestion that when the said person caught her and pressed her mouth she became unconscious. During her cross-examination, no dent could be made in her deposition. Learned Advocate for the appellant has urged before me that the prosecutrix did not know the appellant and in the absence of identification parade her evidence cannot be believed. This is not a case where the prosecutrix has momentarily seen the appellant or she had seen the appellant in insufficient light, but on the contrary, she was able to see the appellant for some time. In matters of violation of person of prosecutrix, the identity of the person who commits rape is permanently fixed in the mind of the prosecutrix and the prosecutrix has categorically stated that it was the appellant who had committed heinous crime on her person. 7. The story of the prosecution is fully corroborated by the testimony of her mother Anupam Shiv Vilas Choudhary (P.W. 7) to whom she had first reported the incident. She has stated that the prosecutrix had gone for answering the call of nature and at that time she was eight or nine years old. It was 8th day of the month. When she returned back, her neck was tied by lace of green frock (article 6). She cut the said lace around the neck. The front part of frock was stained with blood. Her underwear was not on her person. This underwear was subsequently attached by the police from the scene of offence. It was 8th day of the month. When she returned back, her neck was tied by lace of green frock (article 6). She cut the said lace around the neck. The front part of frock was stained with blood. Her underwear was not on her person. This underwear was subsequently attached by the police from the scene of offence. There is panch witness who fully supports the prosecution case in order to establish that the incident took place there. He has stated that there was a pair of two small slippers and underwear as also blood stained leaves lying on the spot. The place of the incident was pressed to some extent. The mother of the prosecutrix (P.W. 7) has further stated that the prosecutrix had told her that one person was hiding himself and came to her. He pressed her mouth, when she tried to shout he raped her. She also found that the blood was coming out from the private part of the prosecutrix due to which there were blood stains on her frock. Except for minor contradiction in her deposition as to instrument with which she had cut the lace, no dent could be made by the defence in her deposition. The medical evidence of Dr. Ashwini Vilas Uddanwadikar (P.W. 4) fully supports the case of the prosecutrix. Dr. Ashwini (P.W. 4) examined the prosecutrix on 8-10-1994 at about 12.30 noon. She recorded the history given by the prosecutrix and her mother. On examination she found large number of injuries on her person. The deposition of Dr. Ashwini (P.W. 4) in this respect reads as under:- "On her examination I found that the victim was conscious and oriented, there were conjunctival haemorrhages and congestion (means redness and bleeding seen in the out layer of eyes). There were multiple bruises over anterior and lateral sides of neck. (Means there were swelling and bluish and discoloration of skin on anterior and lateral sides of neck). On her general examination her vital signs were found normal. On her systemic examination nothing particular was found i.e. it was normal. On the local examination of genitalia I found that there was active bleeding per vaginum. There was evidence of perineal tear of 5 O clock position. Detail examination could not be done due to severe pain. Therefore she was posted for examination under Anaesthesia. On her systemic examination nothing particular was found i.e. it was normal. On the local examination of genitalia I found that there was active bleeding per vaginum. There was evidence of perineal tear of 5 O clock position. Detail examination could not be done due to severe pain. Therefore she was posted for examination under Anaesthesia. On examination, I found that- There was evidence of 3rd degree of perineal tear involving ½" of anal canal and external anal sphincter. 3rd degree perineal tear means- tear of vaginal epithelium perineal skin underlying muscle anal sphincter and anal canal and rectum. There was another vaginal tear ½" from anterior vaginal wall to lateral fornix of vagina. Active bleeding was present. I myself and Dr. Mrs. C. Doifode sutured the 3rd degree perineal tear and vaginal tear in layers with 1-0 vicryl. Impression : 1) The victim was not capable of intercourse and the injuries seen over genitalia are due to forceful intercourse-rape. 2) Samples were collected and handed over to the above mentioned lady Police Constable. a) blood group with RH typing. b) blood V.D.R.L. (Venereal Diseases Research Laboratories) for syphilis. c) Vaginal discharge on swab. d) Vaginal discharge on smear. e) Vitims finger nails. 3) There were bruise marks over her neck along with conjunctival, haemorrhages and congestion-evidence of strangulation. Multiple bruises over anterior and lateral sides of neck can be caused by forceful pressure over the neck with subsequent injury to skin and subcutaneous tissue. Conjunctival haemorrhages and congestion occurs due to pressure over the neck and subsequent transient disruption of blood supply to the head and neck. In this case since the bruises were present over anterior and lateral sides of neck, they are not possible with the pressure of hands. They could have been caused by lace or binding of clothes (Nada). The active bleeding per vaginum was present in this case and it was due to vaginal and perineal tear. The 3rd degree perineal tear and vaginal tear found in this case must be because of forceful sexual intercourse. I had sealed the specimen collected of the victim and then were handed over to L.P.C. Asha B. No. 4214. The injuries found on the person and private part of the victim were fresh. Those injuries were within 6 hours. Accordingly I issued the certificate. The certificate now shown to me is the same. I had sealed the specimen collected of the victim and then were handed over to L.P.C. Asha B. No. 4214. The injuries found on the person and private part of the victim were fresh. Those injuries were within 6 hours. Accordingly I issued the certificate. The certificate now shown to me is the same. It is in my handwriting. It bears my signature. Contents are correct. It is at Exh. 24. The victim was admitted in Medical College and hospital, Nagpur from 8-10-1994 to 15-10-1994. She was admitted in the hospital because the injuries of her private parts were extensive. They needed suturing under anaesthesia and post operative observation." She further opined that if the pressure on the neck of the prosecutrix would have been continued there was possibility of her death. She, further, stated that injuries on the neck of prosecutrix were of strangulation and they were dangerous to the life of the prosecutrix if the pressure would have continued for more than three minutes. She also stated that neck of a person is vital part of a body. According to her, the age of bruises remained to be mentioned since she was in hurry to suture the wound of genital organ of the prosecutrix because it was profusely bleeding. She denied the suggestion that there was no full penetration of male organ in the vagina of the prosecutrix. 8. Added to this evidence, if the evidence of Dr. Rajesh Vinayakrao Kate (P.W. 6) who examined the appellant on 17-10-1994 and found injury on his right middle finger at the middle phalanx epidermal peeling of skin size 0.5 cm x 0.5 cm. suggestive of healed abrasion, scap was fallen of. The age of injury was 7 to 10 days. According to him, the injury was possible due to human bite. It was suggested to him that the accused was not having any injury which was denied. Thus, even false defence was taken which is an additional link to connect the appellant with the crime. The injury on the right middle finger assumes significance since the appellant is reported to have tied the string of the frock of the prosecutrix around her neck. No explanation for this injury has been given by the appellant. Thus, even false defence was taken which is an additional link to connect the appellant with the crime. The injury on the right middle finger assumes significance since the appellant is reported to have tied the string of the frock of the prosecutrix around her neck. No explanation for this injury has been given by the appellant. Learned Advocate for the appellant has urged before me that in the absence of any injury on the gential of the appellant, the appellant could not be held guilty. It has to be borne in mind that according to the prosecutrix when the appellant tried to have intercourse with her she became unconscious. The prosecutrix was not only nine years old but became totally defenceless after she became unconscious and in these circumstances, the absence of injury on the genitals of the appellant does not assume much importance. 9. There is absolutely no reason as to why the evidence of the prosecutrix and her mother as also that of two doctors P.W. 4 and P.W. 6 should be discarded. The prosecutrix has in categorical terms identified the appellant for having committed rape on her. There is no reason to disbelieve the prosecutrix on this course since she had ample opportunity to see the appellant at the time of the commission of the crime. 10. For the aforesaid reasons, I do not find any merit in this appeal and the appeal is hereby dismissed. Appeal dismissed. -----