JUDGMENT 1. - This appeal is directed against the judgment dated 31-3-93, passed by the Additional Sessions Judge, Bhilwara, by which the learned Additional Sessions Judge convicted the appellant for the offence under Section 376(1) I.P.C. and sentenced him to undergo seven year rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo three months simple imprisonment. 2. The appellant was tried by the learned Additional Sessions Judge, Bhilwara, for the offence of committing rape upon Smt. Kesar R/o village Mundeta, on 16-11-90. The case of the prosecution is that on 16-11-90, Smt. Kesar had gone to the field for taking grass at about 8.00 a.m. At about 8.00 a.m. she went to the well of accused Rambux to fetch water, At that time accused Rambux suddenly appeared, caught-hold of her, felled her down on the ground and committed rape upon her. Smt. Kesar tried to save herself and raised an alarm but the accused forcibly committed rape with her. On hearing the alarm raised by Smt. Kesar, Nana Mali's wife along with two other Bhil ladies, came there. Upon seeing them, the accused ran away. The prosecution, in support of its case, examined twelve witnesses. PW 2 Smt. Kesar is the prosecutrix, upon which the alleged rape was committed by the accused. PW 6 Mangu, PW 9 Mst, Barji and PW 5 Mst. Chandri were the three ladies who came after hearing the alarm raised by Smt. Kesar and Mst. Chandri and Mst. Barji had seen the accused having a sexual intercourse with Mst. Kesar. PW 9 Mst. Barji has not supported the prosecution case and was declared hostile. PW 3 Ram Prasad is the brother-in-law of Smt. Kesar, who, on the relevant day, was not in the village and came in the village on the next day, to whom Smt. Kesar and narrated the story, who went to Police Station, Shahpura and submitted the written report Ex.P. 2, on the basis of which the FIR (Ex.P. 3) was registered. PW 1 Bhanwar Lal and PW 4 Ram Prasad are the two Motbir witnesses for the recovery. PW 1 Bhanwar Lal and PW 4 Ram Prasad are the two Motbir witnesses for the recovery. PW 1 Bhanwar Lal is the Motbir witness to the recovery of Ghagra of Smt. Kesar and PW 4 Ram Prasad is the witness to the recovery memo Ex.P. 5, but he, has not supported the prosecution case during the trial and has been declared hostile. PW 5 Dr. Suresh Upmanu examined the injuries on the person of Smt. Kesar. Smt. Kesar was examined by Dr. Kamla Jain and her report is Ex.P. 8, which was admitted by the learned counsel for the accused and, therefore, she has not been produced in the witness-box. The accused was, also, examined by Dr. R.K. Lakhotiya, whose name was, also, shown in the Calendar of witness but he was not examined as the report Ex.P. 9, prepared by him, was admitted by both the parties, PW 10 A.V. Joseph is the Constable in the office of the Superintendent of Police, Bhilwara, who took these samples for FS.L. examination to the State Forensic Science Laboratory, Jaipur. PW 11 Raghunath Singh was the Head Constable/Incharge, Malkhana of the Police Station with whom the articles remained in a sealed condition and PW 10 Surendra Kumar is the Investigating Officer, who conducted the investigation and presented the challan. 3. The prosecution case rests mainly on the statement of PW 2 Smt. Kesar and PW 5 Smt. Chandri. PW 2 Smt. Kesar has stated that she had gone to cut the grass in the field of Thakur of Beneda. A pitcher was lying near a tree of Chhanwar. She took that pitcher and went to the field of Rambux to fetch water, where she was forcibly caught-hold by the accused, who took her about two to three paces, felled her down on the ground and committed rape upon her. She raised an alarm, on which the aforesaid three ladies came there, whose names she does not remember. After the incident, she came to the house and narrated the story to her mother-in-law. Next day, her brother-in-law Ram Prasad came, to whom she, also, narrated the story and thereafter the report Ex.P. 2 was written. On the basis of this report, the FIR Ex.P. 3 was registered. In the cross-examination, she has admitted that the well of Rambux is situated at some distance from the road. Next day, her brother-in-law Ram Prasad came, to whom she, also, narrated the story and thereafter the report Ex.P. 2 was written. On the basis of this report, the FIR Ex.P. 3 was registered. In the cross-examination, she has admitted that the well of Rambux is situated at some distance from the road. The ladies, who were with her, were at a distance from her. There is a water-pond near village Mundeta. She has, also, admitted that when the accused caught-hold of her, the pitcher fell down on the ground and she was drenched with the water and, also, received injuries on the hands and legs. In the cross-examination she has stated that she was not knowing accused Rambux earlier as he was living in some-other village, but in the next moment she admitted that she was knowing Rambux, before the incident as she used to fetch water from his well. She again stated that the three ladies told her that he is the accused Rambux. A critical examination of the statement of this witness shows that this witness is not speaking the truth. She was medically examined by Dr. Kamla Jain, but the doctor has not been produced in evidence by the prosecution. The report Ex.P. 8, which has been placed on record, is, also, not positive with respect to commitment of rape or having sexual intercourse with Mst. Kesar. In report Ex.P. 8, as per the opinion of Dr. Kamla Jain, it has been stated that nothing abnormal was found and no spermatozoa was seen in the vaginal swab and smear. Thus, this report, prepared by Dr. Kamla Jain, after examining Smt. Kesar and which has been admitted by the parties, does not give any opinion regarding having sexual intercourse with this lady. The accused was examined by Dr. R.K. Lakhotiya, who has specifically stated that smegma was present hence intercourse was not done within twenty-four hours. The report Ex.P. 8, prepared by Dr. Kamla Jain, negatives the prosecution case of having sexual intercourse with PW 2 Smt. Kesar. The evidence of PW 2 Smt. Kesar and that of PW 5 Smt. Chandri do not find corroboration from the medical evidence, rather the medical evidence falsifies the case of the prosecution and it is on account of this facts that Dr. Kamla Jain, negatives the prosecution case of having sexual intercourse with PW 2 Smt. Kesar. The evidence of PW 2 Smt. Kesar and that of PW 5 Smt. Chandri do not find corroboration from the medical evidence, rather the medical evidence falsifies the case of the prosecution and it is on account of this facts that Dr. Kamla Jam whose name was found in the Calendar of witnesses but she was not produced by the prosecution for recording her statement. The evidence of Pw 5 Smt. Chandri, also, does not inspire confidence and it is not possible that a person, in the open field and that too at the time when the villagers are in the field, that commit such an offence in the day light. The prosecution has, therefore, failed to prove the case against the accused-appellant beyond a reasonable manner of doubt. 4. In the result, the appeal, filed by accused-appellant Rambux is allowed. The judgment dated 31-3-93, passed by the Additional Sessions Judge, Bhilwara, convicting and sentencing the accused- appellant for the offence under Section 376(1) IPC, is quashed and set-aside and the accused-appellant is acquitted of the charges levelled against him. He is in jail and he may be released forthwith if he is not required in any other case.Appeal allowed. *******