JUDGMENT :

Suneet Kumar, J.

1. Heard Sri Vikas Goswami, learned Additional Government Advocate and Sri Ajay Kumar Srivastava learned counsel appearing for the accused respondent.

2. The instant appeal is directed against the judgment and order dated 25 February 1989 passed by the Sessions Judge, Farrukhabad in Sessions Trial No. 784 of 1988 (State vs. Dharmu alias Dharam Singh) arising from Case Crime No. 183 of 1988, under Section 376 IPC, Police Station Kannauj, District Farrukhabad, whereby, accused-respondent was acquitted.

3. As per prosecution case FIR came to be lodged on 21.05.1988 at 18:40 hours, alleging that daughter of the complainant, aged about 10 years, had gone out at 10:00 a.m. to graze goats, accused reached at the field where accused caught hold of his daughter and dropped her on the ground holding her mouth and committed offence of rape. The persons passing nearby exhorted the accused, he thereafter ran away. It is further alleged that the victim was bleeding from her private part; on return, to the house after selling bangles, complainant was informed of the