JUDGMENT :

1. Heard Sri Patanjali Mishra, learned A.G.A. for the State. None present for the original accused. This is a Government Appeal of the year 1992 listed time and again.

2. This appeal under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 28.2.1992 passed by learned Special Judge, Bijnor acquitting accused-respondent who was tried for commission of offence under Sections 376 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

3. Brief facts as culled out from the record are that on 1/2.07.1990 at about midnight accused who was sleeping outstairs told the prosecutrix-Manju that her sister Anneta wife of deceased was suffering from Cholera and was taken to Bijnor and she too had to follow them to Bijnor but when prosecutrix came down the stairs accused Devraj flashed a knife and forcibly pulled the prosecutrix inside the room and committed rape on her.

4. The F.I.R culminated into charge-sheet and accused were committed to Sessions.

5. On being summo