VIPIN SANGHI, J.

1. The State has preferred the present appeal upon grant of leave, to assail the Judgment rendered by the Learned Additional Sessions Judge–01 South East District, New Delhi in Sessions Case No. 44/12 arising out of FIR No. 106/12 registered at Police Station Kalkaji under Section 376(2)(f) IPC, titled State Vs. Murari. By the impugned judgment the Learned ASJ has acquitted the respondent/ accused of the charge on the ground that the prosecution has not been able to prove the same beyond reasonable doubt against the accused.

2. The background facts in which the present case arises have been taken note of in the impugned judgment. We reproduce the same as under:

“1. Brief facts of the prosecution case as per final report are that on 10.04.2012 complainant Asha along with her daughter aged two years (name is withheld as per law and she is being referred as victim hereinafter), her mother in law and one person Murari in drunken state came to police station and stated that Murari had raped her daughter. The statement of the complainant was recorded in which she stated that her daughter went to play out side at about 6.30 PM and she saw that Murari, who resides i