JUDGMENT

P. K. TRIPATHY, J. — Learned Standing Counsel is present. Counsel for the Respondent are not present.

2. Heard.

3. The Government Appeal is disposed of in the following manner :

This Government Appeal has been filed against an order of acquittal granted to the accused/respondent by the learned As¬sistant Sessions Judge, Cuttack from the charge under Sections 376 and 354/511, I.P.C. in S.T. Case No.126/3 of 1984 arising out of G.R. Case No.216 of 1983 of the Court of Subdivisional Judi¬cial Magistrate, Banki.

4. Accusation against the respondent is that on 9.12.1983, he allegedly ravished a minor child aged about 7 years in a sugarcane field and that in that process he used criminal force intending to outrage her modesty. The incident leading to the occurrence, according to the prosecution is that the victim (P.W.6) was a minor girl aged about 6 to 7 years. On the date of occurrence i.e., on 9.12.1983 in the afternoon hours on the direction of her mother (P.W. No.4), she came to guard the thrashing floor. At about 3 P.M., on seeing a calf having entered into their horse gram field she went there to drive it out. While returning from that place, she was invited by the accus