JUDGMENT :

1. The present appeal is filed by the appellant-original complainant, challenging the judgment and order of acquittal dated 07-09-2023 passed by Learned 3rd Additional Sessions Judge in sessions case No.77 of 2021, whereby learned Sessions Court has acquitted the respondent-accused for the offence punishable under section 376(2), 450(2), 506(2) of Indian Penal Code, 1860(hereinafter referred to as IPC).

2. It is the case of the prosecution that, on 14-01-2021 on the day of ‘Utarayan’, the complainant was present at her house and her husband went to the pan shop and the father-in-law, mother-in-law went to the village Uvarsa for a ritual purpose. Noticing that the complainant was alone at the house around 11:00 a.m., the accused entered into the house in the courtyard, the complainant was taking her lunch and at that time by holding her hand accused took her inside the house and offence of rape was committed. Threats were administered that, if this offence is disclosed to anyone then he would kill her son and husband, therefore the complainant did not disclose the offence to her family members.

2.1. After 2 days again on 16-01-2021 around 1:00 a.m. when the complainant was s