1. The appellant was convicted for an offence under section 376, P. P. C. And sentenced to undergo R.
2. I. For 10 years by the learned Sessions Judge, Nawabshah.
3. The incident had taken place on 9-3-68 at about 10-30 a.m. In the field near Tharushah town while the first report Exh. S was lodged at 11 a.m. At Tharushah by Mst. Shaharbano and it was recorded by Mr. Abdul Rashid S. H. O. The police station was situated at a distance of about four furlongs.
4. Mst. Shaharbano is a minor girl aged about 7 years and daughter of Ghous. Yousuf is brother of Mst. Shaharbano. They lived in Tharushah. The appellant, is aged about 18 years and also lived in the same village. The other to accused persons who have been acquitted were Yamin and Bundoo aged about 11 and 10 years. They also lived at Tharushah.
5. On 9-3-68 at about breakfast the Mst. Shaharbano left her house and went towards the abandoned cinema for plucking Akk flowers as she was sent by her mother and the same were needed for the boils on her hand. The girl on going towards the cinema eased herself and was, about to the tape of her trousers when it is said that the appellant and the other to acquitted persons appeared. The appellant was armed with hatchet and she was threatened. The appellant told the girl to allow him to have sexual intercourse with her but she refused whereupon she was carried to the wheat cultivation which was nearby and the appellant raped her and he was followed by the other to. After the rape the appellant' offered three bananas and one rupee to her which she refused to accept: She raised cries, which attracted her brother Muhammad Yousuf as well as Jumo and Moulabux. The appellant and the other to took to heels and they were chased.
6. The appellant was captured and the other to escaped. The girl narrated the tale of her, woes to her brother and others. She was bleeding. The appellant was taken to the police station where the first report was lodged.
7. Mr. Abdul Rashid S: H. O. After recording the first report recorded the statements of Yousuf, Jumo and Moulabux and secured the blood-stained `clothes of Mst. Shaharbano in the presence of Yousuf and Allawarayo and the same was sealed. Mashirnama Exh. 13 was prepared. Shalwar of the appellant was also secured and sealed. Mashirnama Exh. 14 was prepared. The S. H. O. Then went to the scene of offence and found that the wheat crop was trampled; presenting an appearance that someone had been made to lie down there: There were also some drag--ging marks. Mashirnama Exh. 15 was prepared. Yamin and Bundoo were also arrested. The clothes were sent to the Chemical Analyser who detected semen on the shalwar of the appellant vide his report Exh.
19. After, usual investigation the appellant and the other to were challaned.
8. All the three proclaimed their innocence and denied the allegations. The appellant disclaimed the shalwar. He stated that he had gone to Tharushah Railway Station to take money from Mamoor fruit dealer and while he was returning he was arrested. No witness was examined in defence.
9. The learned Sessions Judge, on the assessment of the evidence entertained doubt whether. Yamin and Bundoo who were aged 11 and 10. Years were capable of committing sexual intercourse and they were probably present at the tithe of this incident' and their mere presence could not be punished. So he gave them benefit of doubt and acquitted them. So far the appellant was concerned he was, found guilty of the offence.
10. The main evidence is of the girl Shaharbano who stated that when she went to pluck Akk flower she was caught by the appellant and taken to the wheat cultivation where she was made to lie and she was raped. She further stated that when she was released she raised the cries which brought her brother Yousuf and Moulabux and when she related the incident to them they pursued the appellant and captured him: Her, evidence finds corroboration from the evidence of Yousuf arid Moulabux. They stated that the girl told them that she was raped by the appellant. Yousuf had left in search of the girl as she had delayed her return to the house and she was asked by his mother to: find out where she had gone away. Moulabux happened to pass and met Yousuf. They heard the cries and went running. The allegations 'that the girl had been raped .Had been confirmed by the medical officer. He found her to be aged about 7 years and recent sexual intercourse had been committed upon her in view of the condition of the vagina. Blood was oozing and there was tearing. The story is further corroborated by the fact that the crop at the scene of offence was found trampled and there were dragging marks. The other piece of evidence against 66 appellant is that the trousers secured from his person was sent to the Chemical Analyser and semen was detected vide his report Exh.
19. The recovery of the trousers from the person of the appellant has been established by the evidence of Allahwarayo mashir and S. H. O. Corroborated by the mashirnama Exh. 14.
11. Thus apart from the evidence 'of the girl there is strong corroborative and circumstantial evidence with regard to the rape on the girl as well as the commission of the same by the appellant. He was caught at the spot immediately after the incident when he attempted to run and directly taken to the police station. His shalwar was secured and semen was detected on it. The learned Sessions Judge accepted the evidence which was produced and I find no reason to disagree with him. No motive for false implication has been established.
12. However; the learned counsel for the appellant urged before me that the girl was only 7 years of age and, therefore, her evidence could not be accepted. I find no force in this 'conten--tion. The mere fact that the witness is a child of tender age does not necessarily mean that the evidence should be rejected. Moreover the evidence of the girl finds ample corroboration from the other evidence and circumstances which have already been pointed. So the question of disbelief pushed forward by the learned counsel does not arise. The other ground, that was agitated by the learned counsel was that the learned Sessions Judge had disbelieved the evidence of the girl with regard to the other to persons and they were acquitted. This ground does not render the evidence of the girl and the, other evidence in--effective. It was also urged that no semen was detected on the clothes of the girl. Indeed this as so but the few that there was blood cannot be ignored. With regard to Yousuf and Moulabux it was stated that they were chance witnesses and, therefore, their evidence deserved no credence. This ground is equally devoid of force. Yousuf was deputed by the mother to find out the girl as she had delayed, her return while Moulabux was passing and there is nothing unusual. The name of Moulabux appears in the very first report Which was promptly lodged, It is further in the evidence of Mr. Abdul Rashid S. H. O. That after recording the first report he recorded the statements of Yousuf, Jumo and Moulabux. Thus Moulabux had accompanied the victim as well as the appellant and others to the police station. The presence of Moulabux, therefore cannot be doubted. It was also urged that the hatchet was not recovered. But no question was put to the investigating officer whether any search for the hatchet was made.
13. Moreover, the search for the hatchet was unnecessary as it was not the weapon of crime. It was also pointed out that Jumo who was the other person accompanying Yousuf was not examined.
14. Even that does not help the appellant as admittedly Jumo was related to Yousuf and so it cannot be said that if he had been produced he would not have supported the prosecution. Lastly, it was urged' that there were some contradictions in the evidence of the witnesses: These ate minor discrepancies and do not affect the evidence which has been found unassailable.
15. In the circumstances the conviction and sentence passed against the appellant are maintained, and his appeal is dismissed.