B. C. Chakrabarti, J.:- This revisional application at the instance of the de facto complainant is directed against an order of acquittal passed by the learned Assistant Sessions Judge, Midnapore in Sessions Trial No. 18 of March, 1980 acquitting the accused opposite party No. 2 of the charge under S.376 of the Penal Code.

2. The petitioner lodged a complaint to the police in August 1978 alleging that the accused opposite party No. 2, a teacher of the local village school, used to visit her residence and one day during the absence of the complainant's parents from the house told her that he was in love with the complainant and that he wanted to marry her. The complainant wanted the marriage to be performed. The accused is alleged to have promised that he would do so and that he would himself obtain the consent of her parents. Acting on such assurance she started cohabiting with the accused and this continued for several months during which period the accused often used to visit her house late at night and some times spend the night with her. Eventually she conceived and when she insisted that the marriage should 'be performed as quickly as possible the accused proposed abor