JUDGMENT :

RAJENDRA M. SAREEN, J.

1. Present Criminal Appeal has been preferred by the appellant-State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 01.06.1996 passed by the learned Additional Sessions Judge, Mehsana Camp at Patan in Sessions Case No. 166 of 1995 acquitting the respondent-original accused from the offence punishable under section 376 of Indian Penal Code, however, convicted the respondent for the offence punishable under section 376 read with section 511 of Indian Penal Code and awarded punishment of Rigorous Imprisonment for a period of two years with fine of Rs. 500/- and in default, further Rigorous Imprisonment for a period of one month.

2. Factual matrix of the prosecution case is as under:

As per the case of the prosecution, the allegations levelled in the FIR being CR No. I-73 of 1995 are that on 16.04.1995 at around 2.00 P.M. while Bhartiben Jagmalbhai-complainant went to graze the goats on the bank of river near Hardeshwar Mahadev, the accused came there and asked her to have physical relation with her, to which, the complainant denied. It is further alleged in the complaint that, however, the accused fo