S.P. GARG, J.

1. The instant appeal has been preferred by the State to impugn the judgment dated 04.01.2013 of learned Additional Sessions Judge in Sessions Case No.172/2011 emanating from FIR No.208/2011 at Police Station Chhawla by which the respondent Sumit Kumar was acquitted of the charge under Section 376 IPC.

2. Briefly stated, the prosecution case, as reflected in the charge-sheet was that in the first week of January 2008 at his House No. C-1/1160. Vasant Kunj, New Delhi and thereafter on several occasions at his house and on 21.3.2010 at the victim’s house at E-269, Shyam Vihar-I, Najafgarh, New Delhi, the respondent committed rape upon the prosecutrix ‘X’ (changed name), aged around 31 years. On 06.10.2011, the prosecutrix lodged the written complainant with the police of Police Station Chhawla implicating the respondent for commission of rape upon her on various occasions. The Investigating Officer lodged First Information Report. ‘X’ was medically examined; she recorded her 164 Cr.P.C statement. The respondent was arrested and medically examined. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-shee