G. RADHAKRISHNA RAO, J.

( 1 ) THIS appeal is preferred against the Judgment of the learned Assistant Sessions Judge, Jagitial in Sessions Case No. 258 of 1989.

( 2 ) THE facts of the prosecution case are : on 26-12-1998 at about 10. 00 a. m. , the victim along with three others went to the fields for collecting pods. But as she had forgotten to bring a basket along with her, she was returning towards her house. On the way, the accused, who was coming on a cycle, saw the complainant, caught held of her hands and lifted her up to some distance into the area where there were bushes. There he laid the victim girl down, gagged her mouth and committed rape on her by over-powering her. It is further alleged that since the complainant was an young girl, she could not resist the accused. After committing rape, the accused went away leaving her alone. The complainant came to her house and reported the matter to her mother, who gave report to the police. The police, after completion of their investigation, laid charge sheet against the accused under Section 376 I. P. C. The learned trial Judge, after considering the entire material on record, came to a conclusion that the prosecution has not p

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