ORDER

Arijit Pasayat, J.-The State of Uttar Pradesh in this appeal questioned the legality of the judgment rendered by Division Bench of the Allahabad High Court which set aside the conviction of the accused-respondent under Section 302, 376 and 201 of the Indian Penal Code 1860 (in short IPC ). The Trial Court had found the accused guilty and sentenced him to imprisonment for life for the first offence, and seven years and five years for the other two offences respectively. High Court, in appeal, reversed the judgment of the Trial Court and directed acquittal.

2. Background facts as projected by the prosecution are as follows:

Complainant Brij Lal (PW-1) was father of the deceased aged about 10 years. On 26.12.1978, at about noon, the deceased went to the Kolhu of Rajendra Singh father of the accused, in order to chew sugarcane. She was seen chewing the sugarcane at the Kolhu by the witnesses. She, however, did not return home. The complainant (PW-1) searched for her, but she could not be found. He was told by the witnesses that deceased was seen chewing sugarcane at the Kolhu of the accused and later on she was seen going with the accused towards his sugarcane field. The comp