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7. Having heard learned counsel for the of parties as also perused the record, we are of the considered view that the trial Court has seriously erred in coming to such conclusions and returning findings of rt acquittal of the accused. Reasoning adopted is bordering perversity, for it is not based on correct and complete appreciation of testimony of the prosecutrix as also other relevant/material witnesses. In fact, we are of the considered view that the trial Court adopted an extremely insensitive approach, in presupposing certain facts, while arriving at its conclusion. It presupposed that the prosecutrix had caught her mother and the accused in a compromising position, which resulted into concoction of false story and implication.

She is also clear that prior to her mother having switched on the lights, accused had tried to insert his male organ into her vagina. Categorically she has denied , having noticed her mother and accused to be in a compromising position, on the fateful night. We do find that in cross-examination, she does state that "accused was trying to insert his male organ meant for urinating" but then in the examin ation in chief, she is ...21...

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33. It is contended that the story propounded by the prosecutrix "sounds to be unreasonable and .

improbable". Such contention only merits rejection.

We find the room, where the parties were sleeping to be big enough. Even the cot was big enough to accommodate two adults and two children. Assuming of hypothetically that the mother was caught in a compromising position by the child, even then , we see no reason for the mother to have falsely involved her rt children and that too her daughter, in the alleged crime, for it only tarnishes her image and mars her future prospects. One cannot isolate the socio -