The prosecutrix was referred for medical examination so as to find out the injuries on her person as also to ascertain her age. Dr. V.D. Jetha, (P.W.9) the medical officer posted at primary health centre, Jaisalmer examined the prosecutrix on 6-10-1993 at about 12 noon upon a requisition made by the investigating officer. Dr. Jetha found inter alia the hymen of the prosecutrix was ruptured in multiple radial tears, the edges of which showed healing at most of the places and mild tenderness. The hymen hole admittted one finger easily with mild tenderness. Sample of vaginal swab from posterior front of vagina was taken and smear slide was prepared which was sealed and sent to forensic science laboratory for examination. In the opinion of Dr. Jetha sexual intercourse with the prosecutrix was done 5 to 7 days before the day of examination. He further opined that after a lapse of 5 to 7 days, the examination of vaginal smear and vaginal swab could not confirm the presence of semen. The High Court has, in an appeal preferred by the accused-respondent, held that the prosecutrix was not proved beyond reasonable doubt to be below 16 years of age. In the opinion of the High Court though the factum of accused- respondent having committed sexual intercourse with the prosecutrix was proved but the absence of injuries on the person of the prosecutrix was a material fact not excluding the possibility of the prosecutrix having been a consenting party. The delay in lodging the FIR was not satisfactorily explained. The delay coupled with the non-examination of the wife of Udai Singh to whom the incident was first narrated by the prosecutrix immediately after the occurrence rendered the prosecution case doubtful. Mainly on this reasoning the High Court has allowed the appeal and acquitted the accused-respondent. The trial court found the incident, as alleged, proved. In the opinion of the learned trial Judge the testimony of the prosecutrix inspired confidence. It was corroborated by the medical evidence as also by the testimony of her father. The prosecutrix was held to be 15 years of age on the date of the incident. Though there was delay in lodging the FIR but it was satisfactorily explained. Accordingly, the accused-respondent was found guilty of the offence punishable under Section 376 IPC and sentenced as above.