Criminal Appeal (SJ) No. 91 OF 1995 ******** Against the judgment and order of conviction dated 27.4.1995 passed in Sessions Trial No. 75 of 1994 by the learned 2nd Additional Sessions Judge, Hajipur. ****** BAIJU PASWAN S/O BHUIL PASWAN R/O VILLAGE-ISMAILPUR, P.S. HAZIPUR SADAR, DISTRICT- VAISHALI ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Mr. Nilima Sinha Adv. For the State : Ramchandra Sahni APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 376 I.P.C. and sentenced to rigorous imprisonment for 5 years by the learned 2nd Additional Sessions Judge, Hajipur in Sessions Trial No. 75 of 1994 by the judgment dated 27.4.1995. 2. The case of the prosecution is that the daughter of the informant aged about 8 years was raped by two accused persons on 10.9.1992 after a minor dispute arose between them. 3. The prosecution in all examined 10 witnesses out of whom P.W.1 has been declared hostile and P.W. 3, 4, 6 and 7 are hearsay, P.W.8 and 9 are the doctors who examined the victim whereas P.W.10 is the Investigating Officer, P.W.5 is the victim herself. 4. On going through the evidence, I find that the minor girl had narrated in full particulars of the act having been committed by the accused persons and even the under garments revealed the presence of semen on them. However, the doctor has opined that there was no rupture of the hymen nor was any laceration contusion etc. on the inner wall of the vagina. 5. In view of such, I am inclined to convert the conviction of the appellant under Section 376 I.P.C. to one under Section 376/511 I.P.C. and his sentence to a period already undergone by him. In the result the appeal is dismissed with the modification stated above. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 18th April, 2011 NAFR/ Fahad.