STATE Vs. MURARI

JUDGEMENT

(1.) The State has preferred the present appeal upon grant of leave, to assail the Judgment rendered by the Learned Additional Sessions Judge-01 South East District, New Delhi in Sessions Case No. 44/12 arising out of FIR No. 106/12 registered at Police Station Kalkaji under Section 376(2)(f) IPC, titled State Vs. Murari. By the impugned judgment the Learned ASJ has acquitted the respondent/ accused of the charge on the ground that the prosecution has not been able to prove the same beyond reasonable doubt against the accused.

(2.) The background facts in which the present case arises have been taken note of in the impugned judgment. We reproduce the same as under:

(3.) The accused was charged with commission of offence punishable under Section 376(2)(f) IPC. Since the accused did not plead guilty to the charge, the matter went to trial. By the impugned judgment, the Trial Court has acquitted the respondent/ accused. The impugned judgment is only a five-page order. We consider it appropriate to extract the relevant portion thereof before we proceed to discuss the submissions and examine the correctness of the reasoning given by the learned Trial Court.