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14. From the aforesaid, it is clear that on the date of the incident, in the afternoon, at around 2 pm., the prosecutrix went to the room of appellant situated nearby her house and that the appellant misusing his position undressed her and after removing his own clothes committed sexual assault upon her by putting his private parts in the private parts of the prosecutrix (P.W.1).

15. The learned counsel for the appellant inviting attention to the MLC report, Ex. P/4 prepared by Dr. Jagrati Punchi (P.W.4) on examination of prosecutrix (P.W.1), submits that no injury has been found on the person or private parts of the prosecutrix (P.W.1) and, therefore, a case of rape is not made out against the appellant. To appreciate the contention raised in this regard, it is necessary to examine the legal position with regard to rape.

25. From the aforesaid discussion and analysis it is found to be proved beyond reasonable doubt that the appellant misused his position as neighbor and his acquaintance of the prosecutrix (P.W.1) and to gratify his lust committed rape upon her. Therefore, the conviction recorded against him by the learned trial Court for offence u/s. 376(2)(i) with Section 5(m)/6 of 'the Act' cannot be faulted.

26. As regards sentence, the apex Court in Motilal (supra) has held that the measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused, rather it must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. The apex Court emphasized that crimes of violence upon women need to be severely dealt with and that, the socio-economic status, religion, race, caste or creed of the accused or the victim are irrelevant considerations in sentencing policy because protection of society and deterring the criminal is the avowed object of law and that is required to be achieved by imposing an appropriate sentence. It was further observed that the Courts must hear the loud, cry for justice by the society in cases of the heinous crime of rape on innocent helpless girls of tender years, married women and respond by imposition of proper sentence.