JUDGMENT :

Vikas Budhwar, J.

1. This appeal under Section 378 (3) of Criminal Procedure Code (in short 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 21.8.2001, passed by learned IIIrd Additional Sessions Judge, Banda, in Criminal Session Trial No.520 of 1995 arising out of Case Crime No.135 of 1992 under Sections 364/34, 323/34, 336/34 and 376 of Indian Penal Code (in short 'IPC'), Police Kotwali Dehat, District-Banda, whereby the learned trial-court acquitted the accused-respondents.

2. The brief facts of this case are that prosecutrix W/o Sadla Yadav R/o village Chhehraon, under precincts of P.S. Kotwali Dehat, district Banda was sleeping in her house on 30.7.92 in the night. All the accused persons came to her house at about 11 P.M. Accused Subedar Singh jumped into the house of prosecurtrix woke up, the accused entered in her room in the mean time, the house was locked from outside. The accused Subedar Singh caught hold of prosecutrix and dragged her in the courtyard. He was armed with gun (country made). Prosecutrix started