JUDGMENT :

A.S. SUPEHIA, J.

1. The present Appeal is directed against the judgment and order dated 30th October 1999 passed by the Trial Court, Sabarkantha at Himmatnagar, acquitting the respondent- accused for the offences for which he was charged.

2. As per the case of the prosecution and as per the charge at Exh.11, on 17th July 1998 at around 12:30 p.m. the respondent- accused committed offences under Sections 363, 366 and 376 of the Indian Penal Code on the prosecutrix who was aged about 8 years. The complaint at Exh.56 was given by the father of the prosecutrix on 24th July 1998 making such allegations against the respondent-accused. Thus, the incident which has occurred on 17th July 1998, the complaint has been given by the father of the victim on 24th July 1998 by tendering the explanation that since his wife was not at home and was elsewhere and after due deliberation with the family members and the in-laws, the complaint has been registered. It is pertinent to note that the mother of the victim has not been examined as a witness, however, her statement under Section 161 of the Code of Criminal Procedure has been recorded.

3. The trial court, after examining the ocular as well