JUDGMENT

Mini Pushkarna, J.

1. Feeling aggrieved with the impugned judgment dated 20.10.2011 passed by learned ASJ/Special Judge (NDPS) (West Delhi) in Sessions Case No.47/2010, arising out of FIR No.45/2010 under Sections 376/377 IPC registered at Police Station - Nabi Karim, the present appeal has been filed on behalf of the State. By way of the impugned judgment, the Sessions Court has acquitted the accused/respondent by granting him benefit of doubt by holding that the prosecution has failed to prove its case beyond any reasonable doubt.

2. As per the case of the prosecution, on 22.04.2010, at about 2.00 PM, the victim while returning from school wanted to ease herself and had gone to the public toilet situated at Multani Danda, Paharganj, Gali No.6. The accused followed her and forcibly took her to male toilet, where he removed her underwear and frock (top) and made her to lay down on the floor and committed rape upon her. The accused put his hand on the mouth of the victim and did not allow her to scream. In the meantime, one lady, PW9 heard the noise from the male toilet. She came to the male toilet and saw the accused being held by one `K', who was known to PW9, being a