JUDGMENT

R. C. LAHOTI, J. — The accused-respondent was charged under Section 376, IPC for having committed forcible sexual intercourse with the prosecutrix, a girl of the age of 5 years and 6 months, on 29-10-1991 at about 6.30 p.m. at village Baru. On trial, the learned Sessions Judge found the accused guilty and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5000 and in default of payment of fine to undergo rigorous imprisonment for a further period of 6 months. The amount of fine, if realised, was directed to be paid to the mother of the prosecutrix. The accused-respondent preferred an appeal. A Division Bench of the High Court has by judgment dated 22-12-1995 allowed the appeal, set aside the conviction and directed the accused-respondent to be released. Feeling aggrieved thereby, the State of Himachal Pradesh has come up in appeal by special leave which has been granted.

2. PW 1 is the mother of the prosecutrix. Her husband had expired a few years before the date of the incident. She was residing in the family house. However, her father-in-law, her two brothers-in-law and she herself had separated in residence and they were l