JUDGMENT

Balakrishnan, J.-This appeal has been filed by the State of Himachal Pradesh against the acquittal of the accused for the offence under Section 376 I.P.C. The respondent-accused was tried by the Court of Sessions Judge, Chamba Division of Himachal Pradesh alleging that he committed rape of a girl aged 13 years.

2. The prosecution case is that the prosecutrix was the eldest daughter of Jagia Ram. Jagia Ram is a small agriculturist residing with his wife Smt. Pinji and children in a village by name Kuthed. He is a native of neighboring village Bhadhad. The accused is his brother-in-law being the brother of his wife, Smt. Pinji. The accused was aged about 17 years and was the student of VIIIth standard during the relevant time. On 17.4.1993, Smt. Pinji asked her daughter to go to village Bhadhad and get the plough kept in the house of Jagia Ram. Prosecutrix left for Bhadhad at about 6.00 p.m. on 17.4.1993. Accused also accompanied the prosecutrix. When she entered her father s house at Bhadhad to get the plough, accused followed her and when she reached the cow-shed, she was caught by the accused from behind. Prosecutrix tried to extricate herself from him but she was over-powe