JUDGMENT

Suresh Kumar Kait, J. - The present appeal under Section 378 Cr.P.C. has been filed by the appellant-State against impugned order dated 14.01.2011 passed by the learned Court of Sessions, whereby the respondents-accused have been acquitted of the offences under Sections 395/376G/412 IPC in FIR No.97/2005, registered at Police Station Bawana, Delhi.

2. The case of the prosecution is that on 19.03.2005 at about 12:45 a.m. at Sankat Mochan Siddh Hanuman Mandir, Barwala Road, the respondents alongwith other co-accused, committed gang rape upon the prosecutrix/victim and also committed dacaoity at the point of deadly weapons. In respect of the alleged incident, DD No. 5A was recorded at Police Station Bawana, Delhi by Inspector Babu Lal, who alongwith Head Constable Dharam Pal and Operator Shankar went to the spot of the crime, where they came to know that the wife of Pandit was already taken to MB Hospital by the PCR.

3. After recording statement of one Ram Prasad Adhikari, who was present at the spot, Inspector Babu Lal prepared the rukka which culminated into registration of the FIR in question.

4. Ram Prasad Adhikari, in his statement, before the police stated that he has been