JUDGMENT :

MANOJ JAIN, J.

1. Respondent PDD (name withheld) was charged and tried for committing aggravated penetrative sexual assault upon his own daughter and vide impugned judgment[Judgment dated 07.06.2019 passed by Learned Trial Court in FIR No. 14/2013, PS Patel Nagar], he has been acquitted of all the charges.

2. Feeling aggrieved by the aforesaid judgment, State had filed petition seeking leave to appeal. Such petition was registered as Crl. L.P. 651/2019. Leave to appeal was granted on 06.10.2021 and resultantly, said petition was re-registered as Criminal Appeal No. 295/2021.

3. Simultaneously, the daughter of respondent, who would be referred to as victim in the present judgment, has also filed appeal against the same judgment. Her mother and brother are co-appellants. Their such appeal has been registered as Criminal Appeal No. 459/2020.

4. Since both the appeals emanate from the same judgment and since similar contentions have been raised therein, these are being disposed of by this common judgment.

FACTUL MATRIX

5. Accused (respondent herein) used to work as security guard and his wife (PW3) was also working as security guard. They had two children, a daughter (victim herein