Virender Singh, J.

The judgment of acquittal in S.T. No. 268 of 2002, whereby the sole accused namely, Vijay Oraon has been acquitted of the criminal charges framed against him, has been challenged both by the State and the informant-victim; Acquittal Appeal No. 41 of 2003 has been filed by the State and Criminal Revision No. 835 of 2003 has been preferred by the informant-victim.

2. Written report of the informant, on the basis of which Ghaghra P.S. Case No. 72 of 2002 was registered under Section 376 IPC against the respondent-accused, discloses that on 03.10.2002 at about 8 a.m. when she had gone to Thathia Pahar with Dulari Kumari and Sanju Kumari for wooden logs, one boy named, Vijay Oraon of village-Porha who was grazing cattle in the forest came there and forced her into the bushes. He put her down there and committed rape. When she cried both of her friends came there, whereupon the accused threatened them and fled away. When she informed her mother and other villagers, they asked her not to lodge a case and a panchayati was held in the village in which the elder brother of Vijay Oraon was called, however, he did not accept the suggestion of panchayat. The informant