P.R. Bora, J.

1. The State has preferred the present appeal against the Judgment and order passed by First Adhoc Additional Sessions Judge, Jalgaon in Sessions Case No.142/2001 decided on 13th November, 2002. Present respondent was prosecuted in the aforesaid sessions case for the offences under Sections 342 & 376 of Indian Penal Code (hereinafter referred to as the 'I.P.C.'). Respondent was alleged to have wrongly confined the prosecutrix a minor girl aged about 9 years in his house. He was also alleged to have committed rape on the said minor girl. Learned Sessions Judge however acquitted the accused of both the aforesaid offences. Aggrieved by, the State has filed the present Criminal Appeal.

2. On report lodged by one Bapurao Eknath Patil (PW7) in the Police Station at Kasoda on 03.05.2001 to the effect that, the accused, in his house committed rape on his minor niece that the investigation was set in motion. Contents of F.I.R. reveal that, on 03.05.2001 sometimes in between 12:00 noon to 01:00 p.m. when informant Bapurao Eknath Patil (PW7) was sitting in his shop in front of his house, the prosecutrix came there with steal tiffin containing vegetables therein in her one hand and a 10 rupees note in other hand. She was weeping at that time. The wife of Bapurao Patil (PW7) then called him in the house and informed that, the prosecutrix was raped by the accused. She also informed to Bapurao Patil (PW7) that, while the prosecutrix was coming towards their house, the accused, took the prosecutrix in his house and locking the door of the house from inside committed rape on her. She also informed that, the blood was oozing from the private part of the prosecutrix. She also told that, the prosecutrix was threatened by the accused not to disclose the said incident and that he had given Rs.10/to the prosecutrix.

3. On receiving such information, Bapurao Patil (PW7) rushed to the house of the accused, however it was found to be locked from outside. Bapurao Patil (PW7) therefore rushed to the house of the mother of the accused where the sister of the accused was also residing and enquired with them about the accused. The mother of the accused informed Bapurao Patil (PW7) that, the accused had been to them in the early morning and was demanding Rs. 500/- for attending marriage. The mother of the accused also informed Bapurao Patil (PW7) that, since she could not give the money as demanded by the accused, he quarreled with her and subsequently by obtaining the money from other person had gone to village Dapora, Dist. Jalgaon at his father-in-laws place. Bapurao Patil (PW7) then went to Police Station Kasoda along with the prosecutrix and lodged the report of the alleged incident.

4. On the basis of the report so lodged by Bapurao Patil (PW7), crime was registered against the accused for the offences under Sections 342 and 376 of I.P.C. The victim girl was immediately referred by the police authorities for medical examination to Primary Health Centre at Kasoda, where she was examined by Dr. Suresh Girdhar Patil (PW6). On her examination by Dr. Suresh Patil (PW6), it was noticed that, there was vaginal bleeding due to traumatic forceful intercourse. It was also noticed that, her vagina was swollen. Dr. Suresh Patil (PW6) had also noticed that, injury to the vagina of the prosecutrix was fresh. Dr. Suresh Patil (PW6) after administrating tetanus injection referred the prosecutrix to the Civil Hospital at Jalgaon for further treatment.

5. In the meantime, the spot panchanama was prepared and the articles which were found existing on the spot of occurrence were sized by the police. The police also recorded the statements of necessary witnesses. The sample of the blood, vaginal swab etc. were collected. In the meantime, the accused was also arrested and his medical examination was got done. His blood and semen samples were also collected. Investigating Officer then forwarded the articles, recovered from the spot of occurrence as well as