Singh, C.J. -- Through this appeal order of acquittal passed by Sessions Judge, Satna in S.T. No. 80/87 dated July 6, 1989 has been challenged by the State of Madhya Pradesh.

Shortly stated, prosecution case is that accused Karia alias Kallu committed rape on Lalli daughter of Gopi Prasad (PW 6) and Bisarania (PW 1) on 4.7.1987 at about 7.00 p.m. in village Ucchehra in front of Ucchehra School, First Information Report (Ex. P-5), is based on written report (Ex. P-4) recorded at the instance of Gopi Prasad (PW 6). Investigation was commenced, prosecutrix and accused were subjected to medical examination, former by Dr. K. Verma (PW 8) and the latter by Dr. Santosh Kumar Jain (PW 11). Clothes of prosecutrix and accused were taken into possession, sent to Forensic Science Laboratory, Sagar and reports obtained. After completion of investigation, charge-sheet was filed and accused was committed to Court of Session which acquitted him by the impugned order.

Question for consideration is as to whether the acquittal of accused is justified on evidence in the case. Allegation of prosecutrix is that she was subjected to rape by accused and she was asked not to disclose the sam