(1) THE respondent was tried for offences under Sections 376 and 342 IPC. He was convicted and sentenced to undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 1,000.00 and in default to undergo further imprisonment for a period of 4 months. The appeal filed by the respondent in the High Court succeeded and the conviction and sentence were set aside vide judgment dated 15/11/1994. The State is in appeal by special leave.

(2) WE have carefully perused the judgment of the High Court. The High Court has correctly analysed the evidence of PWs 1, 2 and 3 and in our opinion the observations of the High Court, that the occurrence did not take place in the manner suggested by the prosecution, are well supported by the evidence. The story given by the prosecutrix that when she was returning from the canal after taking her bath, the respondent caught hold of her and after taking her inside the shed committed forcible sexual intercourse with her is belied by the established circumstances of the case. During her cross- examination she admitted that she was completely naked when the accused committed rape on her and that at that time the accused also wa