JUDGMENT - A.M. KHANWILKAR, J.:---This appeal under section 378(1) of the Criminal Procedure Code, 1973 is directed against the judgment and order dated 19-4-1985 passed by the Assistant Sessions Judge, Kolhapur in Sessions Case No. 22 of 1984 acquitting the respondent of the charge under section 376 of the Indian Penal Code.

2. The respondent was charged that on 28-12-1982 between 8.00 p.m. and 9.00 in the vernadah of Jeevan Shikshan Vidya Mandir at Masud Male Tahsil Panhala committed rape on Akkatai d/o Keraba Bavadekar alias Chaugule and thereby committed an offence punishable under section 376 of the Indian Penal Code.

3. The prosecution story as unfolded in the first information report (FIR) (Exh. 7) is that on 28-12-1982 Anubai Bavadekar, the complainant (P.W. 1) had returned to her house in the evening and asked her daughter Akkatai, the prosecutrix (P.W. 5) to go to the house of Babutai Gawali (P.W. 6) to collect the sale proceeds of the milk which was sold by her to Babutai. It is stated that at around 7.30 p.m. Akkatai went to the house of Babutai to collect the sale proceeds of the milk and returned home at about 9.30 p.m. and on returning home Akkatai straightway went to

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