JUDGMENT :

V.G. Bisht, J.

1. This appeal is filed by the State challenging the judgment and order of acquittal dated 10th January 2002 passed in Sessions Case No.11 of 1995 by the Additional Sessions Judge, Thane, for offences punishable under Section 395, 376(2)(g) and 336 read with 34 of the Indian Penal Code.

2. Factual matrix of the case is that the prosecutrix and her husband, at the relevant time, were employed as labourers with one Narendra Mehta (PW6) at his farm situate at Gaurapur, Khanivali, District Thane. On 17th May 1994, the prosecutrix, her husband and other labourers viz., Trimbak Gunya Vartha, Gangubai Trimbak Vartha, Yamunabai Trimbak Vartha and Mangala Trimbak Vartha were throughout the day working in the said farm house. Mehta Shet (PW6) came at about 3.00 p.m.

3. According to the prosecutrix, there are two constructed rooms in the said farm, out of which, prosecutrix and her husband reside in one room and the said Vartha family had residence below the tamarind tree. In the night hours, Mehta Seth slept near the prosecutrix and her husband and the said Vartha family slept at a distance of about 70 feet, under the said tamarind tree.

4. The prosecutrix then contends