BHANDARI, J.—This is an appeal by the State from the judgment dated 30th March, 1963 of the Sessions Judge, Partabgarh, acquitting Vijairam accused-respondent of the offence under secs.376/511 IPC.

2. Briefly, the case for the prosecution is that on 6th November, 1962, at about 4.00 .p.m., Vijairam respondent, resident of Khariakheri, met Mst. Shyam Kanwar (PW 4), a minor girl, aged about 11 years, of the same village, in the bed of the nallah flowing on the outskirts of that village and attempted to commit rape on her. A report of the incident was made by Arjunsingh, father of the said girl, who was posted as a constable at Police Station, Deogarh, on 8th November, 1962, at 3.30 p.m. On the date of occurrence, Arjunsingh was at Police Station Deogarh and his elder son Bheronsingh and his wife had gone from village Khariakheri to Partabgarh to make purchases, leaving Smt. Shyam Kanwar and her younger brother Amar Singh in the village. When Bheronsingh returned to the village he was informed by Smt. Shyam Kanwar that she and Amarsingh had gone to graze the bullocks near the field of Arjunsingh, when Vijairam came there and took the girl to the khal and there felled her on the ground

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