Judgment

R.C. Lahoti, J.—The State of Rajasthan has come up in appeal feeling aggrieved by an order of acquittal recorded by the High Court of Rajasthan reversing the judgment of the Sessions Court which had found the accused-respondent guilty of an offence punishable under Section 376 Indian Penal Code and ­sentenced him to undergo seven years rigor­ous imprisonment with a fine of Rs. 2,000/- and to a further simple imprisonment of one year and nine months in default of payment of fine.

2. According to the prosecution, G, PW 2, the prosecutrix, was aged 15 years and was living in village Bhaniayana (Jaisalmer) with her father, mother and a younger sister. The family resided in a lonely hutment situated in a field. On 1.10.1993 at about 12 noon, the prose­cutrix was alone in her hut busy washing clothes on a water pump. NK, the accused-respondent was known to the prosecutrix since before. He came to her and initially asked for water which she provided in a lota. The accused then asked for a knife for peeling the skin of a cucumber. The prosecutrix brought the knife and handed it over to him. When the prosecutrix was about to turn and go back, the accused caught hold to her. He twis