JUDGMENT :

Banumathi, J.

1. Leave granted.

2. This appeal arises out of judgment and order of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.523 of 2010 dated 22nd October, 2014 in and by which the High Court has reversed the verdict of conviction of the respondent-accused under Section 376 I.P.C. to acquittal and also set aside the sentence of imprisonment of 10 years imposed upon the respondent-Accused.

3. Briefly stated the case of the prosecution is that the prosecutrix (PW-4), who was aged about 9 years at the relevant point of time, was studying in Class-III in Government Primary School. The prosecutrix (PW-4) was staying in her aunt’s house along with her brother. The respondent-accused is the cousin (son of the aunt) of the prosecutrix (PW-4).

4. On 4th March, 2010, after the school hours, the prosecutrix (PW-4) was very reluctant to go to her aunt’s house where she was staying; and she came back to the school. On being asked by Pooja Mahajan (PW-1) the school teacher and other teachers, the prosecutrix (PW-4) informed the teachers, Pooja Mahajan (PW-1) and Ritubala (PW-2), that she lives in her aunt’s house and that the respondent-accused made her sleep with