JUDGMENT :

1. This appeal is filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 31.07.2008, passed in Sessions Case No. 109 of 2007 by the learned Additional Sessions Judge, Fast Track Court No. 6, Vadodara, recording the acquittal.

2. Facts in brief are that on 13.02.2007, at about 11:30 hours, at Pratapnagar Railway Station Yard, the respondent - accused, by luring the minor daughter of the complainant of giving peanuts and samosa, took her with him, without the consent of her guardian, and set on a bench at platform No. 1 of the railway station, where, he after giving her peanuts and samosa, molested her and thereafter, tried to bring her to a deserted place with ulterior motive and thereby, the accused committed the offence punishable under Sections 363, 366 and 354 of the Indian Penal Code, 1860 (IPC) for which, FIR came be to registered against him.

2.1 Upon FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced certain documentary evidence and after completion of the investigation, Chargesheet was filed against the accused for