Sunil Kumar Garg, J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 31.7.1995 passed by the Learned Additional Sessions Judge, Ratangarh by which the learned Additional Sessions Judge acquitted the accused-respondent for offence u/ss. 376/511 and 341 IPC.
(2.) This appeal arises in the following circumstances (i) On 30.9.1993 at about 11.00 a.m. PW-1 Bhanwari D/o Sukharam (hereinafter referred to as 'the prosecutrix') lodged a written report Ex.P/1 with the police station Ratangarh stating that on 29.9.1993 in the noon, she went to the field and in the evening when she was coming to her home, accused-respondent met her and asked her for "Kakri" and she gave one "Kakri" to him and when she was going towards her house, the accused-respondent caught hold of her and put her on the ground and fell upon her and thereafter she cried and accused-respondent gagged her mouth. Thereafter he lifted her Ghaghra and tried to commit rape on her, but she removed him and cried. On hearing her cries, neighbourers PW-4 Smt. Ramesh and PW-5 Smt. Santosh came there and seeing them, he ran away.
(3.) On this report police chalked out regular FIR Ex.P/2 and started investigation.;