Judgment

B.P. Singh, J.—The State of Rajasthan has preferred this appeal by special leave which is directed against the judgment of acquittal recorded by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Criminal Appeal No. 86 of 1996 and S.B. Criminal Jail Appeal No. 51 of 1996. By its impugned judgment and order dated March 31, 1999, the High Court while affirming the conviction of the respondent under Section 450 IPC, acquitted him of the charge under Section 376 IPC. The sentence under Section 450 IPC was reduced to the period already undergone. Earlier the trial court had found the respondent guilty of the offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-. Under Section 450 IPC, the respondent had been sentenced to undergo rigorous imprisonment for five years apart from payment of fine of Rs. 1,000/-.

2. The case of the prosecution is that the prosecutrix Smt. Geeta Bai (P.W.1) is a widow aged about 35 years. Her husband had died a few years before the date of occurrence leaving behind three children out of whom the eldest being a daughter had also died. The prosecutrix was wor