SUNIL KUMAR GARG,J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 6.6.89 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 63/88 by which the learned Sessions Judge acquitted the accused respondent for offence under Section 376 I.P.C.
(2.) This appeal arises in the following circumstances : (i) On 27.4.87 at about 1.35 p.m. P.W.1 Pappuri (hereinafter referred to as the prosecutrix) gave an oral information Ex.P/1 to P.W.10 Jafar Ali, SHO, Police Station Bilara stating that yesterday at about 3 p.m. he went to her Bare for throwing cow's dunk in the Bara and at that time no body was there and thereafter accused respondent came from her back side and after catching hold her hair, put her on the ground and opened her Chaddi and he also put off her clothes and put a handkerchief in her mouth so that she could not cry. Thereafter he put his penis into her vagina and committed rape with her. When accused respondent was running, her cousin sister P.W.2 Baburi also reached there, but she did not inform her about this incident and she returned back to her house and Baburi informed her brother.
(3.) That statement Ex.P/1 it was reduced into writing by P.W.10 Jafar Ali and the same is Ex.P/1 and on the basis of that statement police chalked out regular FIR Ex.P/9 and investigation commenced.;