JUDGMENT

Dharmadhikari, J.-The Court of Sessions Judge, Balasore (State of Orissa) by Judgment dated 17-8-1980 in sessions trial No.34 of 1990 convicted the two accused (the respondents herein) for commission of offence under Section 376 IPC and sentenced them to five years imprisonment.

2. The High Court of Orissa at Cuttack in Crl. Appeal No. 236 of 1990 by judgment dated 12.1.1994 on re-appreciation of evidence acquitted the accused against which the State of Orissa has preferred this appeal.

3. The case of the prosecution is that prosecutrix PW1 Promila Ranjit went to Police Station Baliapal, district Balasore on 5.11.89 at about 10.30 in the morning and lodged FIR to give full narration of the incident of rape committed by accused on her. She supported her version in FIR in her examination as PW1 in Court. It is stated by her that in the intervening night between 4-5 of November, 1989 while her husband had gone to his sister s house at Prapatpur sometime in the midnight when she was sleeping alone with her three year old son, somebody knocked the door of her house waking her up by the name of her son. She could identify that the caller was accused Baya Tudu of her village. She d