P (PLP)

Penal Code (XLV of 1860)

S. 376‑Rape ore girl aged ten ‑‑‑No motive for girl to implicate accused‑Independent corroboration is not essential: The law does not require that there should be independent corroboration in the case of Tape of a child aged ten as to the identity of the culprit. The fact that the case is a rape case; introduces no different element unless one attributes to a child of ten the possible existence of motives to choose a par ticular person as a culprit which might come into play in the case of a woman. A. I. R. 1925 Nag. 748 ; A. I. R.1944 Nag. 363 relied on. ORDER.‑

In this case a little girl of ten, years age was raped by Bashir Ahmad, the present‑petitioner who is of 29 years age. The story of the prosecution is that. Mst. Ghogri is a girl of Teli family who migrated from Gurgawan District and took shelter as refugees in Khanpur. On 1st of May 1949, Bashir Ahmad who owns a shop in Bazar Khanpur took the girl on a false pretence to pull pankha for him into his, shop. He closed the door from inside, put the girl on a charpai, took off her clothes and committed rape on her. Her cries attracted Nandoo P. W. 3 and Noor‑ud‑Din P. W. 4 who forced open the door and rescued the girl. The matter was brought to the notice of the mother of the girl who reported the matter to Khanpur Police Station. The girl was medically examined and the arc The plea of the accused on tire lace of it was absurd and his conviction was recorded by the trial Magistrate and he was sentenced to 3 years rigorous imprisonment and to a fine of Rs. 500, in ‑default of payment of fine to undergo rigorous imprisonment for one year more. He appealed to the learned, Sessions, Judge, Bahawalpur and failed. This is a revision before this Court. Mr. Karam Ezad's argument is that Nandoo P. W. 3 and Noor‑ud‑Din P. W. 4, being close relatives of the mother of the prosecutrix are unreliable. Though the evidence of the prosecutrix in a rape case is sufficient to record the conviction of the accused, yet the evidence in this case is not so weighty and corroboration was needed. In the end he prayed for the reduction of the sentence: Assuming for the sake ' of argument that the evidence of Nandoo and Noon-ud‑Din is tainted, there are. no grounds for me to reject the evidence of the prosecutrix. No motive to implicate the petitioner in‑ this offence was attributed to the girl. According to the learned counsel there was a motive for Mst. Bharai, the mother or the girl to implicate the accused because she had illicit connection with one Chhotu Tel and the latter did not like her visit to the shop of Bashir, consequently: Mst. Bharai was instigated to bring the accusation against him. There is no evidence for this motive. It appears on the face of it flimsy and absurd. Mst. Ghogri's statement is very clear and consistent. She is a girl of tender age. She had no motive to bring‑ this accusation against the accused. The report tot the police was mane without any delay. The medical evidence reveal the penetration of the private part of the accused into the private part of the prosecutrix but not to the extent of rupturing her hymen. Inflammation on her private part was noticed by the Doctor and the labia stained with some matter. There is no reason to discredit the medical evidence. which supports the statement of the prosecutrix. In 1925 Nag. 74, it was observed " when the victim of an, offence of rape is an innocent girl of tender age her evidence will carry great weight. A statement made by her by way of disclosure immedi ately after the occasion will strongly corroborate her credibility to go to prove the consistency of her conduct and also her want of consent." In 1944 Nag. 363 a similar question had ‑arisen and it was disposed of by the following observations :‑ -- The law does not require that there should be independent corroboration in the case, of rape of a child aged ten as to the identity of the culprit. The fact that the case is a rape case introduces no different element unless one attributes to a child of ten the possible existence of motives to choose a particular person as a culprit which might come into play in the case of a woman. It is the existence of possible motives for false incrimi nation which might attract the necessity for corroborati6n, and where no such motives can even be suggested, it cannot be said that there is any rule of law or of prudence which makes indepen dent corroboration necessary as to the culprit's identity." In this case I have pointed out that there is no evidence on the file for any motive for the girl to implicate the accused for the offence of rape. The motive attributed to the mother is evi dently false. The place of occurrence is proved by the testimony of, the girl and the place is not denied to be the ownership of the accused. The report was made without any delay. The first information report contains the story which is placed before the Court. Medical evidence prove, that the rape was committed. All these circumstances prove beyond doubt the guilt of the accused. In my opinion therefore, the view of the Courts below on this point was correct. Mr. Karam Ezad in the end re quested that the sentence be reduced. I cannot agree with him when a person is convicted of rape, his punishment will be proportioned to the greater or less atrocity of the crime, his conduct and the defenceless and unprotected state of the injured female whether she belongs to a low or high family. In this case the accused of 29 years of age tricked a girl of ten years age into his shop and committed rape while she was in a defenceless condition. In view of the gravity of the offence the sentence is not excessive. In my opinion, he had been leniently dealt with and deserved punishment more than what had been awarded to him. The petition is therefore dismissed. K.M.A. Petition dismissed.