( 1 ) STATE has preferred this appeal against the Order of acquittal of the respondent for offence punishable under Section 376/511 I. P. C. recorded by Shri R. K. Bajpai, Sessions Judge Shivpuri.

( 2 ) PROSECUTION story, in brief, is that on 8-3-1980, Kammod Singh (PW-1) resident of Gram Narvar had gone to his well along with his wife Jamuna Bai (PW-3) since earlier a theft had taken place in his house, he left his daughter Harkunwar (PW-2) in the house, Harkunwar was then aged about 8-10 years. At 1 O' clock during the day when his wife Jamuna Bai came to-the house for taking food, she saw that accused Udhe had over-powered her daughter. She was lying down and accused was over her in a position preparatory to sexual assault. As soon as Jamuna Bai entered the house, seeing her the accused ran away and in so doing only pushed her. Jamuna Bai enquired from her daughter, who told her that she was preparing meal then accused came in the house and brought her to this place, undressed himself and undressed her as well as tried to insert his male organ into her private part. She shouted but accused slapped her and also shut her mouth. Jamuna Bai told this incident to Pan