PER SYED BASHIR-UD-DIN. JUDGE:

1. Respondent-accused, Hassan Rather, was tried in Sessions case file No 4 of 1976 for offences under Section 302, 376/202 R.P.C. and acquitted of the charges by judgment and order dated 24-11-1979 of District and Sessions Judge, Anantnag. Against this judgment and order of acquittal, instant appeal is filed by the State of Jammu and Kashmir.

2. The prosecution case is: -

The accused and the deceased Fatah, were neighbours residing in village Chhamb Gund Syedapora, Tehsil Kulgam of District Anantnag On 21-11-1975, when Fatah and her younger brother alone were in the house, accused came and wanted ladder of the deceased™s household. He promised Fatah fire wood in case ladder is made available to him. The accused got the ladder and thereafter during later period of the day, he asked Fatah, if she wanted fire wood then she should accompany him to forest, locally known as Frasnar Jungle. Fatah, after keeping information of her accompanying the accused for the purpose, with her brother, for her mother, who had been out to attend some marriage function in another village, viz. Gund, left for the jungle with accused. When the two reached a remote spot in the

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