Honble GARG, J.–This appeal has been filed by the State of Rajasthan against the judgment and order dated 11.5.1990 passed by the learned Sessions Judge, Bhilwara in Sessions Case No. 42/1989 by which he acquitted the accused respondent of the charge for the offence under Section 376 IPC.

(2). It arises in the following circumstances:

On 6.2.1989 at about 8.45 PM, PW4 Kela lodged a written report Ex.P/7 before the SHO, Police Station Bagour District Bhilwara stating inter-alia that on 6.2.1989 at about 10.30 AM, his daughter PW1 Ku. Manju (hereinafter referred to as the prosecutrix) aged about 11 years went towards the jungle of Moti Dungari after taking goats with her for the purpose of grazing. It is further stated in the report that in the evening at about 6.00 PM, accused respondent Gaharoo brought his daughter prosecutrix on his shouldiers and at that time, he found that her gagra and lungi were stained with blood and even blood was coming out from her private part. Thereafter, PW4 Kela, father of the prosecutrix, asked her daughter PW1 Manju and upon this, prosecutrix told that when she was grazing goats, two persons on cycle from the side of Gundani came and stopped cycle and

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