JUDGMENT

R.N. Biswal, J.—In this appeal the State of Orissa has called in question the judgment dated 11.9.1992 passed by the Asst. Sessions Judge, Mayurbhanj, Baripada in S.T. No. 11/81 of 1992 acquitting the accused/Respondent of the charge under Section 376 of IPC.

2. Shorn of unnecessary details the prosecution case is that on 22.9.1991 while the victim and the mother of the accused/Respondent were tending their respective cattle in the jungle, the accused/Respondent came there at about 2.30 p.m., asked his mother to return home and he himself tended the cattle. In course of grazing, the cattle entered inside the dense forest and accordingly the accused/Respondent and the victim followed them. It is alleged that when the victim was standing in the dense forest the accused/Respondent undraping her, laid her down on a muddy surface, and then committed sexual intercourse on her for 5 to 10 minutes against her will and without her consent. On returning home, with muddy clothes, the victim narrated the incident to her mother (PW4) who in turn requested PWs. 3 and 6 to come and see the condition of her daughter. Accordingly, they came to the house of the victim and saw her clothes to