( 1 ) ). By this acquittal appeal under S. 378 of the Code of criminal Procedure, 1973, ("code"), the appellant-State has assailed the legality and validity of the judgment and order of acquittal recorded by the learned judicial Magistrate, First Class, Palanpur in Criminal Case No. 3060 of 1981, on 10-2-1983, whereby the respondent herein, original accused came to be acquitted from the charge alleged against him for the offence punishable under S. 377 of the Indian Penal Code, (i. P. C. ).

( 2 ) ). A conspectus of material and salient aspects giving rise to the present appeal needs narration at the outset so that merits of the appeal and challenge against it could be examined threadbare.

( 3 ) ). According to the prosecution case, the respondent/original accused is guilty of an offence punishable under S. 377 of the I. P. C. In that it is alleged that the accused allured a minor child-Atul aged about 7 years at the relevant time, for the purpose of satisfying his ulterior sexual lust. Accused and the father of the child- atul were neighbors at the relevant time. On 23-9-1981, at about 6- 30 p. m. , the accused persuaded the child Atul to go along with him in a bath