Judgment

B. P. JEEVAN REDDY, J.:- This appeal is preferred by the State of Maharashtra against the judgment of a learned single Judge of the Bombay High Court allowing the Criminal Appeal filed by the respondents accused herein and acquitting them of all the charges. The learned Extra Additional Sessions Judge, Amravati had convicted both the accused-respondents under S. 376 read with S. 34, I.P.C. as well as under S. 342 read with S. 34, I.P.C. and sentenced them to rigorous imprisonment for three years on the first count and for two months on the second count.

2. The victim, Nirmala (P.W. 1) was originally a resident of Pathrot village where her parents continue to reside. She was married to P.W. 2, a resident of village Dahegaon. Every year a village fair called Dwarkecha Baill is held on the next day after pola at Pathrot village. P.Ws. 1 and 2 had come to Pathrot village to attend the fair. They were staying in the house of Nirmalas parents. The first respondent Prakash was a police constable working at headquarters, Amravati. He was deputed to village Pathrot on 6th September, 1978 for bandobast duty at the time of Ganapati festival. Second respondent, Sudhakar is a resident of