JUDGMENT

This appeal under Section 379 of the Code of Criminal Procedure is directed against the judgment and order of the High Court of Judicature for Rajasthan at Jodhpur dated 28th January, 2002 in S.B. Crl. Appeal No. 405/93. The High Court by its impugned judgment and order set aside the order of acquittal passed by the District & Sessions Judge, Jalore dated 28th April, 1993 in Criminal Case No. 27/90. The trial court had acquitted the appellant of the charge under Section 376(2)(e), I.P.C. holding that the prosecution had failed to make out its case against the appellant. The High Court by its impugned judgment and order reversed the findings recorded by the trial court and held the appellant guilty, and sentenced him to undergo 10 years’ rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default, to further undergo simple imprisonment for four months.

2. The case of the prosecution is that on 16th January, 1990 at about 10 A.M. the prosecutrix Vadki (PW-1), a pregnant woman, along with her sister-in-law Morki (PW-8) and wife of her husband’s brother Poni (PW-2) went to collect cow dung in what is described as the jungle of Odwara. PW-1 has described it as a ‘jungle