S.P. GARG, J.

1. The instant appeal has been preferred by the State to challenge the legality and correctness of a judgment dated 24.09.2012 of learned Addl. Sessions Judge in Sessions Case No.24/2011 arising out of FIR No.238/2009 PS Welcome whereby the respondent -Kamruddin Alam was acquitted of the charge under Section 376(2)(f) IPC.

2. Briefly stated, the prosecution case as set up in the charge-sheet was that on 14.11.2009 at around 11.00 a.m. an information was received at Police Control Room that a child was lying unconscious in MCD Park near railway line Vivek Vihar, Delhi. PCR officials on duty at red light Surya Nagar, Delhi rushed to the spot, lifted the female child aged around 4 years and noticed that blood was oozing out from her private part. PW-8 (HC Bhimsain) immediately admitted the victim at Hedgewar Hospital for treatment. She was examined vide MLC (Ex.PW-10/B) and was referred to GTB Hospital for further management.

3. On 14.11.2009 at around 07.45 a.m. the respondent had taken the prosecutrix ‘X’ (assumed name) aged around 4 years on his rickshaw. When he did not return, X’s parents started searching her but in vain. PW-4 (Dinesh) – victim’s father lodg