( 1 ) THE then learned Assistant Sessions Judge at Baroda acquitted the respondent charged with the offences under Secs. 363, 366, 376, 506 part 2 and Sec. 201, Indian Penal Code, delivering the judgment on 21st July 1990 in Sessions Case No. 206 of 1989 on his file. The appellant-State, being aggrieved by the same, has preferred this appeal before us.

( 2 ) THE case of the prosecution, briefly stated, is that Bhikhiben alias bhagwatiben, the daughter of Ramanbhai Panchal residing at village Bhoj had gone to Utiya along with Shantaben and Surajben as Arvindbhai, the son of Shanabhai kalabhai, was to marry. She joined the marriage party. After the Samaiya was over , the respondent showing the knife frightened her and succeeded in taking her aside. He then took her to some isolated place where he showing the knife intimidated her. Being put to fear of instant death or hurt she succumbed to the ill-will of the prurient respondent. She was made to put off her clothes and lie down. The respondent then against her will and desire raped her, as a result she was defiled. She was asked not to tell any one about her defloration. She was also in this regard threatened with dir