( 1. ) THIS appeal by the State is directed against an order of the Additional District Magistrate (J), Narsimhapur, dated 23-5-1969 acquitting the respondent of an offence under Section 457 of the Indian Penal Code.

( 2. ) THE facts, briefly, are these: On the night of 7-2-1969, at about 2 A. M. or thereabout, the respondent effected an entry into the house of the complainant, Prithwiraj (PW 1), by opening a lock of the kotha, while he with his brother Bi-ran had gone to the village for singing Fag, At the time, his mother Mst. Pachhobai (PW 2) was sleeping in the dehlan along with her daughter-in-law Mst. Shyambai wife of Biran (PW 3) and her daughter, Mst Pachhobai (P. W. 2) had apparently locked the kotha and placed the bey on a bracket in the dehlan. On hearing some noise in the kotha, she was aroused from sleep and found that there was an intruder in the house. The respondent had effected an entry into the kotha by opening the lock. When she saw the respondent, she had the presence of mind and raised an alarm, but the respondent tried to escape. On hearing her outcry, her unclein-law Khumansingh (PW 4) who fives across the road, pursued the respondent and caught him