ORDER :

1. This appeal is filed by the State of Madhya Pradesh questioning the correctness of the judgment and order dated 14.07.2009 passed in Criminal Appeal No. 1541 of 1994 in allowing the appeal filed by the accused (respondent herein) by setting aside the judgment of conviction and sentence of the respondent under Section 376 of the Indian Penal Code, hereinafter referred to as 'the Code'. However, the term of custodial sentence imposed for an offence under Section 366 of the Code has been reduced from five years to three years by the High Court.

2. The brief facts in nutshell are stated hereunder for the purpose of appreciating the rival legal contentions urged on behalf of the parties to find out as to whether this Court is required to interfere with the impugned judgment and order of setting aside the conviction and sentence for the offence under Section 376 of the Code. The case of the prosecution is that on 03.01.1994, at about 5.30 P.M. when the victim-prosecutrix found that her mother had not returned from the office, the co-accused Badri gave a false promise to marry her and persuaded her to accompany him. She was taken to a garden where Badri has subjected her to sexua