( 1 ) HEARD the learned Additional Public Prosecutor. ( 2 ) THE Criminal Appeal No. 1035 of 1998 is preferred by the State as against the judgment dated 27. 05. 1996 made in Sessions Case No. 33 of 1995, on the file of Assistant Sessions Judge, Karimnagar, questioning the lesser sentence awarded on the ground that the victim girl is a minor, aged about 8 years at the time of offence and should have awarded sentence of not less than ten years and fine under Section 376 (2) IPC. ( 3 ) THE Additional Public Prosecutor, no doubt, pointed out the evidence available on record and had submitted that it is as fit case, where the sentence of ten years should have been imposed. The respondent-accused was charged with an offence under Section 376 IPC, and on appreciation of evidence of P. Ws 1 to 14, Exs. P1 to P. 7 and M. Os 1 to 3, the learned Judge convicted the accused for the offence punishable under Section 376 IPC and sentenced him to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 5,000/- in default, to undergo Rigorous Imprisonment for a period of one-year, and out of the fine amount, if paid by the accused, an amount of Rs. 4,000/- shall be paid to the victim girl-P. W2 towards compensation under Section 357 Criminal Procedure Cr. P. C. , after appeal time is over. Aggrieved by the same, this appeal had been preferred by the State. ( 4 ) IT is the case of the prosecution that Guguloth Naga Jyothi and Jeevitha are the daughters of Laxmi and Jawaharlal and they were residing in a rented house Saibaba Temple, Karimnagar. It is also the version of the prosecution that on 22. 05. 1994 in the evening, the accused called Naga Jyothi and offered her one rupee fifty paise to purchase chocolates and took her to a house, which was under construction, and it was near the Saibaba Temple. The accused committed rape on her. After some time at about 7. 30 P. M. , Naga Jyothi returned to her house with one rupee fifty paise and when her mother Laxmi questioned Naga Jyothi, she stated about the incident, and later Laxmi taking the help of one Shankar on 23. 05. The accused committed rape on her. After some time at about 7. 30 P. M. , Naga Jyothi returned to her house with one rupee fifty paise and when her mother Laxmi questioned Naga Jyothi, she stated about the incident, and later Laxmi taking the help of one Shankar on 23. 05. 1994, gave a complaint to the police and a case in Crime No. 118 of 1994 under Section 376 IPC was registered and investigated into. During the course of investigation, the statements of witnesses were recorded and seized one rupee fifty paise in the presence of panchas and the police visited the scene of offence, conducted scene of offence panchanama and also drawn the sketch. The police referred the accused the victim girl to the Government Hospital for examination and obtained the birth certificate of Naga Jyothi from Fathima Girls High School, Kazipet. ( 5 ) THE case was taken on file as P. R. C. No. 151 of 1994 and the Additional Judicial Magistrate of First Class, Karimnagar, committed the matter to the court of Session, and the Court of Session made over the same to the learned Assistant Sessions Judge, Karimnagar. The learned Judge had commenced discussing the evidence adduced on behalf of the prosecution from paragraph 8 onwards. ( 6 ) THE evidence of P. W. 8 is that he had given first aid to P. W. 2-victim. He deposed that on 23. 05. 1994 at about 11. 00 a. m. one girl aged about 8 years was brought to his nursing home by her mother and complained of some pain in passing urine and he gave a T. T injection to the said girl. He deposed that on his enquiry, the mother of the child told him that a person working in Saibaba temple had committed rape on her-P. W. 2 and then he advised the mother of the child to go the Police station. In the cross-examination, this witness deposed that at the first instance the mother of the victim girl did not reveal about the rape. ( 7 ) P. W10- Doctor examined the accused relating to his potentiality and issued Ex. P3 certificate in this regard. ( 8 ) P. W. 13-WOMEN Civil Assistant surgeon, District Head Quarters Hospital, Karimnagar, deposed that on 23. 05. 1994 at 11. ( 7 ) P. W10- Doctor examined the accused relating to his potentiality and issued Ex. P3 certificate in this regard. ( 8 ) P. W. 13-WOMEN Civil Assistant surgeon, District Head Quarters Hospital, Karimnagar, deposed that on 23. 05. 1994 at 11. 00 P. M. she received a requisition from the Station House Officer, Karimnagar-II Town, and examined the victim girl-P. W. 2 and the victim girl was suffering difficulty in walking and Labaia minora major contused and conjusted (inflamed ). Perinium normal and faula smella present. Hymon was intact. Vagina not admitting even little finger. Examination was painful to the victim and the age of the injuries is about 24 to 38 hours. This witness opined that she cannot give opinion of rape. ( 9 ) P. W. 11 and P. W. 14 are the investigating officers. P. W. 12 is the Assistant Principal Fathema Girls High School was examined to prove the age of the victim. ( 10 ) THE evidence of the other witnesses also had been discussed in detail, and the learned Judge after recording reasons, especially, taking into consideration of the medical evidence, arrived at a conclusion that imposition of Rigorous Imprisonment for a period of five years and a fine of Rs. 5,000/- in default, to undergo Rigorous Imprisonment for a period of one year, would be just and proper in the circumstances of the case. Especially, in the light of the medical evidence, it cannot be said that the sentence imposed by the learned Judge is not just and proper. Hence, this Court does not see any reason to disturb the said findings not to interfere with the sentence, which had been imposed, and accordingly, the same is hereby confirmed. Accordingly, the Criminal Appeal shall stand dismissed.