Tare, J.-

1. This is an appeal by the State again5t the acquittal of the respondent of an offence under Section 376, Indian Penal Code said to have been committed by the respondent on Pramila Kumari (P. W. 10) a girl aged about 10 or 11 years on the noon of 28-5-1965, passed by the Sessions Judge, Bhopal in Sessions Trial No. 73 of 1965 dated 14-10-1965.

2. The respondent, an artisan employed in the Heavy Electricals Factory at Bhopal, has his house adjoining the house of Manoharlal Bahel (P.W.15), the father of the prosecutrix. It was the prosecution case that at that time the respondent was alone and the other adult members including some guests were away. In the house, some children were playing. When the children finished their play and departed for their respective homes, the respondent asked Pramila Kumari to go by a particular door. He immediately closed the door, took her on his lap and satisfied his lust by committing rape on her. When she tried to cry, the respondent gagged her mouth. When the respondent saw the private parts of the prosecutrix bleeding, he proposed to take her to the house of one, Tiwari where he would apply medicines. The girl, however, refused an