JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of U.P. has questioned in this appeal correctness of the judgment rendered by a learned Single Judge of the Allahabad High Court at Lucknow directing acquittal of the respondents (hereafter referred to as the accused ). The respondents were charged for alleged commission of offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the IPC ). The Vth Additional District and Sessions Judge, Sitapur found them guilty and sentenced each to undergo RI for five years and to pay a fine of Rs. 2,000/-.

3. The factual position in a nutshell is that while the prosecutrix was alone in her house, at about 11.00 a.m. on 21.5.1987 since her mother had gone out to market for purchasing vegetables, the respondents who belonged to her locality came to her house, knocked the door. The prosecutrix asked them as to who they were and they disclosed their identity. The prosecutrix refused to open the door as her mother was not at home. But both the accused persons went to the neighbouring house and came to the roof of her house and jumped into the courtyard and showed her a tamancha . She was first raped by accused respondent Ma