(1.) THE challenge in this appeal is to the judgment dated 23 September, 1997 whereby, the learned District & Sessions Judge, Baran acquitted the accused -respondent Ramswaroop in the offences under Sections 376 and 323 of IPC.
(2.) THE nub of the appellant's story is:
(3.) IN due course, the case came up for trial before the District & Sessions Judge, Baran, who read over the charge of the offences under Sections 376 and 323 of IPC to the accused, who did not plead guilt and claimed trial. The prosecution examined in all five witnesses to prove its case. In his explanation under Section 313 of Cr.P.C., the accused -appellant claimed innocence. On completion of trial, the court acquitted the respondent as indicated hereinabove.