(1.) The present Leave petition has been instituted under Sec. 378 of the Code of Criminal Procedure against judgement dated 27.03.2015 passed by the Additional Sessions Judge in Sessions Case No. 58/2013 by which the respondents herein have been acquitted for the offence punishable under Sec. 376 read with Sec. 34 of the Indian Penal Code.
(2.) The brief facts of the case are as under:
(3.) The prosecution has examined 12 witnesses in all. One more witness was summoned by the court as CW -1. Statement of the accused persons were recorded under Sec. 313 of the Code of Criminal Procedure whereby they claimed to be innocent. In their defence, accused persons examined one witness Sh. Kailash as DW -1.