JUDGMENT

B.P. JEEVAN REDDY, J.:- This appeal is preferred by the State of Madhya Pradesh against the judgment of a Division Bench of Madhya Pradesh High Court allowing the appeal filed by the respondent-accused. The respondent-accused was convicted by the learned Second Additional Sessions Judge, Chhindwara under Ss. 366 and 376, I.P.C. and sentenced to three years and five years rigorous imprisonment respectively.

2. On 4-12-1979, the parents of P.W. 2 (Prosecutrix) had left for Chhindwara. P.W. 2 and other minor children were left in the house along with servant Baban (P.W. 4). The house of P.W. 2 is situated in their fields. During the night, the accused is alleged to have come there armed with rifle and forcibly took away the prosecutrix from her hut to some distance where he committed the offence of rape on her. The cries of alarm raised by her attracted the servant Baban and other persons working in their fields. The information was laid by P.W. 4 at the Police Station, Chhindwara on the same night at 1.30 a.m. The police Station is at a distance of five kilometers from the village. After completing the investigation, the respondent was proceeded against. The learned Trial Judg