( 1 ) WE have heard the learned Addl. SPP on merits. The allegation is to the effect that on 18. 12. 1994 when the victim who was a minor girl by the name of Munivenkatamma was going back to the village to fetch a bag at the instance of her father that the accused caught hold of her and that he forcibly committed the act of rape on her. She went back to the fields and told her father and her step-mother who in turn took her to the police and then to the hospital. The medical evidence is totally and completely against the prosecution in so far as the lady doctor has deposed to the effect that in the first instance there was absolutely no evidence of sexual intercourse. There were no injuries of any type to the victim, there were no secondary stains either on her person or on her clothes and in totality, that medically there was absolutely no case of rape or attempted rape or any other form of assault.

( 2 ) IT was vehemently submitted on behalf of the State that the order of acquittal is unjustified because on the facts of the present case, unless some incident had taken place the victim would not have gone back, would not have levelled the allegation of rape as against