JUDGMENT :

1. This acquittal appeal by the State is directed against the order and judgment dated 31.12.2013 passed in File No.78/Challan titled State v. Jameel Ahmed and others, whereby the Court of learned Sessions Judge, Udhampur [“the trial court”] has acquitted respondent Nos. 1 to 3 of the charges under Section 376/506 RPC. Respondent No.3 having died during pendency of the appeal, has already been deleted from the array of respondents in terms of order of this Court dated 11.02.2020.

2. Briefly stated, the facts leading to the filing of this appeal by the State are that PW-Jamal din, father of the prosecutrix, lodged a complaint before the Police Station, Ramnagar that his daughter, 16 years old and a student of 8th class in the High School Chagotra Tehsil Ramnagar, had given birth to a female child and wass admitted in the hospital. It was alleged that the accused Asif and his brother Jameel Ahmed had raped her, as a result whereof, she had conceived and delivered a child. The accused-Asif being a married person had refused to marry the prosecutrix. On the basis of this statement, FIR No.03/2013 under Sections 376/506/109 RPC was registered and investigation commenced. During