(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal passed by the learned Additional Sessions Judge (Fast Tract Court No. 5), Bhavnagar passed in Sessions Case No. 68 of 2004, by which, the learned trial Court has acquitted the accused for the offence punishable under Section 376 of the Indian Penal Code, the State has preferred present Criminal Appeal.
(2.) The prosecution case in nutshell are as under:
(3.) Shri Mitesh Amin, learned Public Prosecutor appearing on behalf of the State has vehemently submitted that the learned trial Court has materially erred in acquitting the original accused for the serious offence under Section 376 of the Indian Penal Code.