(1.) This appeal by the State is directed against the judgment dated 31.10.2011 passed by the learned Additional Sessions Judge, Kathua ['trial Court'] in file No. 56/Sessions/74/Sessions titled 'State of J & K vs. Rohit Kumar' (FIR No. 90/2006 under Sections 343/363/376 RPC).
(2.) Before adverting to the grounds of challenge urged by Mr. Aseem learned AAG, appearing for the appellant-State, it is profitable to briefly notice the prosecution case which was put up before the trial Court:
(3.) The trial Court, after considering the entire evidence on record and hearing the counsel for the parties, concluded that the prosecution had failed to prove the case beyond shadow of doubt against the respondent and, therefore, acquitted him of the charges leveled against him. It is this judgment of acquittal recorded by the trial Court, which is impugned in this appeal.