JUDGMENT :

R. Banumathi, J.

1. This appeal arises out of judgment and order dated 6th January, 2010 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.228 of 1995 in which the High Court reversed the verdict of the conviction under Section 376 I.P.C. and also the sentence of imprisonment of seven years and acquitted the respondent-accused.

2. Despite service of notice, the respondent has not chosen to appear and contest this appeal. Accordingly Ms. Nidhi, Advocate, has been appointed by the Supreme Court Legal Services Committee as amicus to contest the appeal on behalf of the respondent.

3. We have heard Ms. Swarupama Chaturvedi, learned counsel appearing for the appellant-State and Ms. Nidhi, learned amicus, and also perused the impugned judgment and the evidence/materials on record.

4. The facts of the case in a nutshell are as follows. On 6th March, 1993 at about 9.00 p.m. the prosecutrix (PW-1) along with her two sisters i.e. Hirkanbai (PW-3) and Anitabai had gone outside the village to a field to attend nature’s call and while returning back the respondent-accused is alleged to have forcibly taken the prosecutrix to the field and committed rape on her.

5.