V.S.AGGARWAL, J. - (1.)HARDUTT alias Dutta challenges the judgment of the learned Additional Sessions Judge, Hissar dated 10.7.1986 and the order of sentence of the same date. The learned trial Court held the appellant guilty of the offence punishable under Section 376 IPC. By virtue of the subsequent order of sentence he was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 300/-. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for three months.
(2.)THE relevant facts of the prosecution case are that Bhateri is the prosecutrix. She is stated to be aged about 8 or 9 years old. Some time in February, 1986 she had come to the house of her maternal uncle Pirthi Singh in Village Kuleri. She had gone to the field of Pirthi Singh to fetch some grass. At about 3.00 P.M. she was near the room of Sita Ram. There is a kotha near it. The appellant was present at that place. The kotha has two rooms. One of them does not have any door. The appellant took the prosecutrix in one of these rooms and made her lie on the floor and she was raped. The prosecutrix raised an alarm. It attracted Krishan and Bhup Singh. On seeing them the appellant made good his escape.
On 16.2.1986 Pirthi Singh had lodged the report pertaining to the incident to ASI Bhoj Raj. The prosecutrix was examined by Dr. Geeta Chaudhary. She found the following external injuries on her person :-

"1. Abrasion 3 cm x 2 cm over upper end of sacrum on back. 2. Abrasion 3 cm x .1 cm over left side of back 10 cms below angle of scapula. 3. Abrasion 2 cm x 1 cm over back of left elbow joint. All the abrasions were red and soft scab-formed not removable." On examination of her private parts, Dr. Geeta Chaudhary recorded :- "Private parts and thighs were blood stained. Forchette was lacerated badly. Hymen was badly lacerated with blood oozing on touch and was very painful. Advised X-ray of joint for determination of age."
Dr. S.K. Dogra had conducted the x-ray of the prosecutrix and opined that she was below the aged of 14 years.
(3.)ASI Bhoj Raj took up the investigation. On basis of the statement made by Prithi Singh he got the first information report recorded. He went to the place of occurrence and prepared the rough site plan. Bori-tat was found at the spot and it was taken into possession after converting it into a sealed parcel. The appellant was arrested on 19.2.1986 and was medically examined by the doctor and found to be sexually potent. It is on these broad facts that report against the appellant for the offence punishable under Section 376 IPC was filed.