(1.) This application has been filed under Section 378(4) Cr.P.C., seeking leave to file an appeal against judgment dated 21.9.2011, ordering acquittal of respondent No.2 of the charges framed against him.
(2.) It was case of the prosecution that on 22.8.2010, at about 8.30 p.m., respondent No.2 committed criminal house trespass in the residential house of the applicant/ prosecutrix, having made preparation for causing hurt to her, used criminal force to assault her with an intention to outrage her modesty and also made an attempt to commit rape upon her.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:-