( 1 ) THE present Criminal Appeal is preferred by the State of Gujarat under section 378 of Crpc against the judgment and order of acquittal dated 28. 01. 1986 passed by the ld. Sessions Judge, Rajkot in Sessions Case No. 25/1985, whereby the ld. Trial Judge acquitted the respondent accused for the offence punishable under section 376 of Indian Penal Code.

( 2 ) THE respondent accused was tried for the offence punishable under section 376 of Indian Penal Code (IPC for short) on the strength of one complaint filed by the father of the victim girl namely Dhirajlal Bhimjibhai Sagar being CR No. 160/1985 registered with Rajkot City "b" Division Police Station. According to the prosecution, the offence of rape has been committed by the respondent accused on 18. 06. 1985 between 8. 00 a. m. and 8. 30 a. m. Victim girl is allegedly raped by the respondent accused who was aged about 7 to 8 years of age. Her mother had sent her to purchase butter milk at Ranchhodnagar society of city of Rajkot. When she was returning, she was stopped by the accused and was taken behind one iron cabin lying near Kirodimal Pulse Mill and she was raped. The victim girl thereafter returned home w