Judgment :-

V. Gopala Gowda, J.

1. Leave granted.

2. This appeal is directed against the impugned judgment and order dated 16.03.2007, passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4505 of 2005, whereby the High Court allowed the appeal filed by the accused-respondent acquitting him for the offence punishable under Section 376 of the Indian Penal Code (in short IPC) by reversing the judgment and order dated 05.10.2005 of the Additional Sessions Judge, Fast Track Courts 1, Muzzaffarnagar in Sessions Trial No. 377 of 2004 which convicted the accused under Section 376 and sentenced him to undergo imprisonment for life and a fine of [pic]10,000/- and in default of payment of fine further imprisonment for a period of one year.

3. The brief facts of the case are stated hereunder to examine the correctness of the findings recorded by the High Court in reversing the judgment of the trial court. The accused- Naushad is the son of the maternal uncle of the prosecutrix - Shabana's father - who is the informant. The informant complained that Naushad used to visit their house often and enticed his daughter - Shabana and cheated her, promising to marry her and had regula