JUDGMENT Madan Mohan Punchhi, J.
1. These are two conflicting claims which clash in this appeal. On one side is the claim of the prosecution that Rita Kumari (PW-1) aged about 9 years was molested by the appellant who was initially charged for having raped her, but since medical evidence did not support her claim her hymen being intact, no injury being visible on her genitals and no spermatozoa observed on the vaginal smear, the offence was thus scaled down to one punishable under Section 354, I.P.C. for which the appellant has rightly been sentenced to one year's rigorous imprisonment and payment of fine of Rs. 500/-. The counter claim of the appellant is that he has falsely been implicated and that the prosecutrix had talked tall, is an unreliable witness for reasons which are obvious since the offence stands scaled down and, therefore, he is entitled to acquittal. In these conflicting claims, we have to steer our way.
2. The prosecutrix used to visit the house of the appellant for purpose of study and had occasionally slept in his house earlier. The fateful night was one such occasion. The appellant on that night slept with her on the same cot. During night he removed her pajamas at also his. According to the prosecutrix, he inserted his male organ in her vagina to the extent of one inch which caused her pain and bleeding. When she started crying the appellant gave her a slept and told her to be quiet. Her crying attracted the attention of PWs 2 and 3. To this extent she stands corroborated by the evidence of these PWs that they had heard the girl crying. PWs 2 and 3 are the neighbours living closely to the house of the appellant. The prosecutrix thereafter was kept confined in the house of the appellant for a few hours when at about noon time the next day she was allowed to go to her parent's house where she told about the incident to her parents. It is thereafter that the criminal law was set into motion to prosecute the appellant.
3. As is evident, the prosecutrix is a child and an inexperienced girl. The particulars of rape were put to her during cross-examination. She seems to have been toyed with by the cross-examiner. It cannot be said that she was fully aware or cognizant of the sex act. She seems to have been led on to speak something about which she was fully not in the know. In so far as the accusation of criminal assault is concerned she stood fully corroborated by the statements of PWs 2 and 3 and then that of her father PW4. As against this the appellant has no explanation to offer as to why a young child and her father would join hands to implicate him fastely. The prosecutrix was a student going to a school. She would normally be not made to expose herself to shame and ignominy in the school as also in the society. Thus the assertion of the appellant that he was falsely implicated carries no weight. In this situation, we unhesitatingly come to the view, that the conviction of the appellant under Section 354, I.P.C. was well-based as the prosecution had been able to successfully prove such charge against the appellant. The appeal thus, would merit dismissal.
4. The request made on behalf of the appellant for reduction of sentence is declined. The appellant has already been leniently dealt with. The appeal therefore fails and is hereby dismissed.