JUDGMENT
A.K. Mishra, J.
1. The appellant has preferred this appeal against his conviction under Section 376, IPC and sentence of five years’ R.I.
2. Prosecution case briefly stated is that on 25-5-86 at about 9 p.m. in village Jahaj Bhata, Jagdalpur, when the prosecutrix Kanti Bai was going to her house, she met the accused Munna alias Purshottam who was carrying a knife. Accused Sapan (dead) and Sudesh also joined him. Munna gagged her mouth and all of them took her towards air strip side in a bush. Initially, accused Munna performed forcible sexual intercourse with her and thereafter, accused Sapan and Sudesh also satisfied their lust by committing forcible sexual intercourse. On her raising cry, her mother Surmani Bai came there. On seeing her, accused ran away from the spot. During the course of forcible sexual intercourse, bangles of the prosecutrix were broken. Accused Sudesh had left his cycle on the spot and the other accused Munna also had left his towel. Report Ex. P-l was lodged at P.S. Frejerpur by the prosecutrix. Prosecutrix was referred for medical examination. In the medical report – Ex. P-9, Dr. (Smt.) S. Bansal (P.W. 6) found reddish (redness) as also swelling in the hymen of the prosecutrix and vaginal slide was prepared and was handed over for chemical examination. Her clothes were also seized and handed over to the constable by the doctor. Doctor opined that sexual intercourse was performed with the prosecutrix. Accused Sudesh was also referred for medical examination and he was found capable of performing sexual intercourse and his physical examination revealed that there were several abrasions over his private part, chest, left leg, and on face below the right eye. As per medical examination report (Ex. P-3), furnished by Dr. R. K. Devangan (P.W. 5), Sapan and Munna were also medically examined and they were also found capable of performing sexual intercourse. Underwear and Lungi of accused Munna were recovered and sent to the Forensic Science Laboratory for chemical examination. Report of the chemical examination has been placed on the record. It reveals that on the petti-coat and Sari of the prosecutrix, vaginal smears slide, underwear of accused Munna, undewear of accused Sapan and half pant of accused Sudesh, presence of human spermatozoa was confirmed. Blood was also confirmed on articles – petti-coat, sari, vaginal smear slides of the prosecutrix, underwear of accused Munna alias Purshottam and underwear of accused Sapan. The prosecutrix was further referred to Radiologist for determination of her age. Her age, according to examination report, was found to be between 15 to 16 years. As per Radiologist’s report-Ex. P-ll, Dr. N. S. Thakur (P.W. 7) opined that there could be difference of three years on either side. Accused Sudesh was found to be of 20 years of age.
3. Accused abjured the guilt and contended that they have been falsely implicated. During trial, one of the accused, viz. Sapan died. Munna alias Purshottam and Launda alias Sudesh were convicted and sentenced by the trial Court. The present appeal is on behalf of Munna alias Purshottam alone.
4. Learned counsel for the appellant submitted that the version of the prosecutrix is not reliable. The prosecution story is full of embellishment and concoction. No injury was found on the prosecutrix- which shows that it was a case of sexual intercourse with her consent.
5. The learned counsel for the State has supported the version of the prosecutrix as reliable. It does not require corroboration, even though, there is specific corroboration of the witnesses in the case. The injuries were found on the person of accused Sudesh which shows that the prosecutrix had resisted which explains the injuries on the person of Sudesh.
6. Prosecutrix Kanti Bai (PW-1) has clearly stated that while she was coming back for home, she met the accused Munna who was armed with a knife. Accused Sapan and Sudesh were also there. She has given a detailed description as to how the accused persons committed sexual intercourse with her on the point of knife. When she raised cry, her mother came. Israil, Ghasiram and Arnan etc. also came there. Munna, Sudesh and other accused ran away thereafter. Immediately, the incident was narrated by the prosecutrix to her mother. Accused Sudesh had left his cycle and Munna had also left his towel and accused Sapan had left his cap while running from the spot.
7. The version of the prosecutrix finds support from the deposition of Surmani Bai (P.W. 2). She has stated that when she reached the spot, she found that the prosecutrix was lying on the bushes and her Sari was removed. She saw the accused persons running away. Uman Singh (P.W. 3), the father of the prosecutrix has also supported her version. He has stated that while he was going to answer the call of nature, he heard the cries of a girl. He went towards the bush. Then, the miscreants ran away. His wife also reached the spot. The incident was narrated to them by the girl. However, this witness has stated that he went to the locality, taking with him the bicycle and cap which were left there and went to the house of the accused but nobody admitted such articles to be theirs. Report was then lodged but that does not cast any doubt on the veracity of the version of the prosecutrix. The names of the accused persons were also mentioned in the FIR. Israil (P.W. 4) who had also reached the spot, has stated that the prosecutrix had disclosed that the sexual intercourse was committed with her to that extent and the accused were carrying knife. All this corroborates the version of the prosecutrix. Moreover, the medical evidence on the record furnished by Dr. (Smt.) S. Bansal (P.W. 6) also indicates that swelling and redness was found on the private part of the prosecutrix and she has opined that sexual intercourse was committed with the prosecutrix.
8. The report of the Chemical Examiner (Ex. P. 24) shows the presence of human spermatozoa on her petti-coat, Sari, and vaginal smear slides of the prosecutrix and also on the underwear of Sapan. Blood was also found on the articles. Doctor has opined that on the date of the incident, the prosecutrix was in the course of menses and presence of blood on the underwear of accused Sapan also shows his complicity in the offence. There was also presence of human spermatozoa on the petti-coat, Sari and vaginal smear slides of the prosecutrix. Even if the age of the prosecutrix may be accepted to be of 19 years, it is clearly a case of forcible sexual intercourse. On the person of the accused Sudesh, there were several abrasion over his private part, chest and face below the right eye which go to show that the prosecutrix had resisted while sexual intercourse was committed with her on the point of knife.
9. I have also gone through the prosecution evidence. After the incident of rape by the accused persons, the husband of the prosecutrix had left her. Owing to the incident, the life of the prosecutrix has been ruined. It is a case where the version of the prosecutrix is quite natural and reliable and does not require any corroboration. In the case of State of Punjab v. Gurmit Singh AIR 1996 SC 1393 : (1996 Cri LJ 1728) it has been held that “Seeking corroboration of her statement before relying upon the same as a rule, in such cases amounts to adding insult to injury, already suffered by the prosecutrix… Corroboration as a condition for judicial reliance on the testimony of the prosecutrix is not a requirement of law but a guidance of prudence under given circumstances. It must not be overlooked that a woman or a girl subject to sexual assault is not an accomplice to the crime but is a victim of another person’s lust and it is improper and undesirable to test her evidence with a certain amount of suspicion, treating her as if she were an accomplice. In the present case, the version of the prosecutrix is natural, without any element of concoction, medically corroborated and the circumstances indicate that she was subjected to intercourse and when she raised hue and cry, the accused persons left her on the spot.
10. Learned counsel for the appellants submitted that the injuries were not found on the person of the prosecutrix. Therefore, her version cannot be relied upon,
11. It is not necessary that the injuries be always available or be found on the person of the prosecutrix. In the present case, there were three accused persons and she was overpowered by three persons. Therefore, the absence of injuries does not cast any doubt on the veracity of the deposition of the j prosecutrix. On her private part, redness and swelling was seen by the doctor which also corroborates that it was a case of commission of offence of rape with her.
12. Since the husband of the prosecutrix had left her owing to the incident of rape by the accused persons, the life of the prosecutrix has been spoiled. I think it is a case where compensation be awarded to the prosecutrix under Section 357 of the Cr. P.C. The sentence of five years’ imprisonment, which has been imposed, in order to impose the fine out of which compensation may be awarded, is reduced to four years from five years and a fine of Rs. 10,000/- is ordered to be paid by the appellant. If he fails to deposit the fine amount within a period of three months, he shall undergo R.I. for one year. Out of the amount of fine, if paid, an amount of Rs. 7,500 be paid to the prosecutrix Kanti Bai by way of compensation under Section 357, Cr. P.C.
13. In the result, the appeal is dismissed with the aforesaid modification in the sentence part.