JUDGMENT

A. M. Ahmadi, J.- This appeal by special leave is brought by the State of Maharashtra against the judgment of acquittal recorded by the Nagpur Bench of the High Court of Bombay (Maharashtra) reversing the conviction of the respondent Chandraprakash Kewalchand Jain, a Sub-Inspector of Police, under Section 376 of the Indian Penal Code for having committed rape on Shamimbanu, a girl aged about 19 or 20 years on 2200 August, 1981. The learned Additional Sessions Judge, Nagpur, came to the conclusions that the prosecution had brought home the charge under Section 376 of Indian Penal Code and sentenced the respondent to suffer Rigorous Imprisonment for ,5 years and to pay a fine of Rs. 1,000/- in default to suffer Rigorous Imprisonment for 6 months. He was, however, acquitted of the charge under Section 342 of the Indian Penal Code. The respondent challenged his conviction in appeal to the High Court. The High Court set aside the order of conviction and sentence imposed by the Trial Court and acquitted the respondent. The State feeling aggrieved sought special leave to appeal. On the same being granted this appeal is before us.

2. Briefly the facts are that the parents of Shami