JUDGMENT

R.C. Lahoti, J.-The accused-respondent was charged under Section 376 IPC for having committed forcible sexual Intercourse with the prosecutrix, a girl of the age of the 5 years and 6 months, on 29.10.1991 at about 6.30 p.m. at Village Baru. On trial, the learned Sessions Judge found the accused guilty and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5,000 and in default of payment of fine to undergo rigorous imprisonment for a further period of 6 months. The amount of fine, if realised, was directed to be paid to the mother of the prosecutrix. The accused-respondent preferred an appeal. A Division Bench of the High Court has by judgment dated 22.12.1995 allowed the appeal, set aside the conviction and directed the accused-respondent to be released. Feeling aggrieved thereby, the State of Himachal Pradesh has come up in appeal by special leave which has been granted.

2. PW.1 is the mother of the prosecutrix. Her husband had expired a few years before the date of the incident. She was residing in the family house. However, her father-in-law, her two brothers-in-law and she herself had separated in residence and they were