(1.) By this petition under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter as 'Cr.P.C'), the appellant/State seeks leave to appeal against the judgment dated 30.10.2018 passed by the learned Additional Sessions Judge - 01, Special Court, Tis Hazari Court, Delhi whereby the respondent was acquitted of the charge under Section 376 of the Indian Penal Code, 1860 (hereinafter as 'IPC') in FIR No.248/2012, Police Station Kirti Nagar.
(2.) Brief facts of the case, as noticed by the Learned Trial Court, are as under:-
(3.) After the completion of the investigation, a charge sheet was filed. Charge was framed against the accused for the offence punishable under Section 376 of the IPC to which he pleaded not guilty and claimed trial. In order to bring home the guilt of the accused persons, the prosecution has examined 23 witnesses in all.