Deepak Gupta, J.(Oral)-This appeal by the State is directed against the judgment dated 27.9.1995 delivered by the learned Sessions Judge, Una, District Una, H.P., in Sessions Case No. 9 of 1995 acquitting the accused of having committed offences punishable under Sections 376 and 342 of the Indian Penal Code.

2. The prosecution story in brief is that on 24th October, 1994 Sh. Anant Ram (PW-4) had come out of his house at about 8.00 a.m. He found that a young girl aged about 19 years was standing on the roadside and crying. She had covered her face with hands. This witness inquired that why she was crying. She told PW-4 her name (name withheld). She had injuries of tooth bite on her face and an injury near her eye. She told the witness (PW-4) that a man having a beard had committed rape on her in the night time in a ‘jhuggi’ below Raipur – Santokhgarh road.

3. Sh. Anant Ram (PW-4) took the girl to his house. Since the girl’s clothes were very dirty Smt. Sheela Devi (PW-5) wife of Sh. Anant Ram (PW-4) gave her own clothes to her to wear. PW-4 came out of his house and met Sh. Ashwani Kumar (PW-3). He informed Ashwani Kumar (PW3) about the circumstances in which the girl was