JUDGMENT

Faizan Uddin, J. - The respondent Babul Nath a young man of 32 years was charged and tried for an offence punishable under Section 376 of the Penal Code for committing rape on Kumari Nirmala Devi, a child aged about 5 years, in the afternoon of 15.3.1917 in the grove of one Baleshwar Pathak in village Rampa within the jurisdiction of Police Station Bhadohi, District Varanasi. In Sessions Trial No. 26/78 the learned Sessions Judge, Varanasi found the respondent guilty of the offence charged with and, therefore, convicted him under Section 376 I.P.C. and sentenced him to suffer imprisonment for five years. On appeal by the respondent the High Court rejected the testimony of the sole eye-witness Ram Lakhan, P.W. 1, set aside the conviction and sentence imposed on the respondent and acquitted him of the charge of rape. The State of Uttar Pradesh has, therefore, approached this Court in. appeal under Article 136 of the Constitution of India on grant of leave.

2. The prosecution case as it emerges out of the written report made by Ram Lakhan, P.W. l is that on 15.3.1977 at about 4 P.M. when Ram Lakhan, P.W. l, Jokhan Ram, P.W. 2, Kansraj, P.W. 3 and Kauleshwar while passing by t