JUDGMENT

DR. M.K. SHARMA, J.- This appeal is filed by the State of Himachal Pradesh challenging the judgment and order of acquittal passed by the High Court of Himachal Pradesh whereby and whereunder the High Court acquitted the respondent, Suresh Kumar from the charges under Section 376 of the Penal Code (hereinafter referred to as "IPC") and also under Section 342 IPC.

2. Before dealing with the contentions raised on behalf of the parties and in order to appreciate the said contentions it would be necessary to state a few facts leading to registration of the aforesaid criminal case.

3. The age of the prosecutrix - Km Kusum Lata (PW 3) was opined by PW 7, Dr. Devinder Kaur as between 5 to 12 years on the date of examination i.e. 17-3-2000. Therefore, there is no dispute with regard to the fact that she was minor at the time of commission of alleged offence of rape The prosecutrix and the accused are the residents of the same village and in fact they were neighbours. The respondent-accused was about 25 years of age on the date of commission of the alleged crime whereas, as stated hereinbefore, the prosecutrix was a minor on the date of commission of alleged offence of rape.

4. On 15-3