JUDGEMENT Anjana Prakash, J. 1. The Appellant has been convicted under Section 376 IPC and sentenced to rigorous imprisonment for 7 years by judgment dated, 27th /29th June, 1995 passed in Sessions Trial No. 116/88, Andar PS. Case No. 101/86 by the learned Additional Sessions Judge Ist, Siwan. 2. The case of the prosecution is that on 2nd December, 1986 at about 7.30 p.m. The Appellant who happened to be the cashier of Land Development Bank aged about 35/36 years inquired from the victim about the absence of her parents and dragged her through the back door of her house and took her to the residence and thereafter rapped her and also took her naked photograph. Three days later the FIR was instituted. 3. The prosecution examined five witnesses out of whom PWs. 1 and 5 are formal in nature whereas PWs. 2 and 3 are the parents of the victim who is PWs. 4. The defence also exhibited the document and a witness on the point that the earlier dispute between them for which an informatory petition was filed. However, the same is not trustworthy and has been discarded from the consideration from the Trial Court. 4. On going through the evidence of the prosecution one find that neither the doctor nor the Investigating Officer has been examined. It has been conceded by the PW. 4 that she resides in a densely populated area and, therefore, it does not seem probable and she could have been pulled out from her house at 7.30 p.m. in the evening without anyone coming to know of it. Further the evidence also discloses that the Appellant used to come to her house and have meals, which showed that there was easy relationship between the parties. 5. In absence of the examination of the Investigating Officer who alone could have cogently brought before this Court the objective position of relationship between the parties as also the place of occurrence. I am unable to accept the prosecution case. 6. In the result, the appeal is allowed and the order of conviction and sentence passed against the Appellant by the learned Additional Sessions Judge Ist, Siwan in Sessions Trial No. 116/88, Andar P.S. Case No. 101/86 by the judgment dated, 27/29th, June, 1995 is hereby set aside and he is acquitted of his charges. The Appellant is discharged from the liabilities of their respective bail bonds.