JUDGMENT

B.P. Singh, J.-This appeal by special leave has been preferred by the complainant/informant against the judgment and order of the High Court of Judicature at Bombay in Criminal Appeal No. 720 of 1992 whereby the High Court allowed the appeal preferred by respondent No. 1 herein and acquitted him of the charges under Sections 342 and 376 of the Indian Penal Code. The State has not preferred an appeal against the impugned judgment.

 2. The case of the prosecution is that the appellant was working as a domestic help in five flats in Vasant Vihar Society Building, Thane, Mumbai including the flat of respondent No.1 herein which was located on the second floor. She used to clean utensils and clothes in his flat for which she was paid Rs. 80/- per month. Respondent No. 1 resided in that flat with his wife and two children. On 17h April, 1992 his wife and children had left for the village. While going to the village his wife had given to the appellant duplicate keys of the flat and had requested her to clean utensils as also to cook food for her husband for which she promised her additional payment on her return. Usually respondent No.1 was away to his office on working days when t