(Surinder Singh, J.) - The State has challenged the acquittal of the respondent, for an offence punishable under Section 376 Indian Penal Code, for allegedly committed rape on the prosecutrix, a minor child of aged about five years.

2.The undisputed facts, in short, which emerge from the prosecution evidence, are :-

(i) the mother of the prosecutrix Tara Devi (PW-1) was residing in a rented premises with her children, adjacent to a rented room of the respondent in a three storyed building at Chopal.

(ii) The respondent was studying in plus one and his elder brother was in 10+2. As already stated above, both were residing in the same building in a room adjacent to the room of the complainant.

(iii) Her husband Mehar Singh was employed as clerk in post office, Chopal.

(iv) On 5.5.1991 Mehar Singh the father of the prosecutrix had gone to village Nerwa in connection with some official work.

3.It is alleged that on 5.5.1991 at about 10 a.m. the complainant, Smt. Tara Devi, the mother of the prosecutrix, went to the public water tap, located nearby in the open place to wash the clothes. Her minor son was getting ready for the school. The prosecutrix was playing outside in th