Judgment :-

P. Sathasivam, J.

1) This appeal is filed by the State of U.P. against the final judgment and order dated 16.10.2003 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 737 of 2003 whereby the High Court allowed the appeal filed by the respondent herein and acquitted him of the offences punishable under Sections 302 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and set aside the judgment and order dated 15.02.2003 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Bulandshahar in Sessions Case No. 748 of 2002.

2) Prosecution case in a nutshell is as follows:

(a) On 05.03.2002, at about 04.30 p.m., Roshni (the deceased), aged about 11 years, had gone alone from her house in Kalander Garhi, PS Khurja Nagar, Bulandshahar, U.P. to prepare cow-dung cakes in the cremation ground of Jatavs’ and while she was doing her work, the respondent-accused forcibly took her in the wheat field of one Jalil Khadar with bad intentions. She raised cries and on hearing the same, Madanlal (PW-2) and Suresh Chandra (PW-3), who were passing through at a short distance, came to the said field and saw that the respondent-accused was st