JUDGEMENT/ORDER :

Rajnesh Oswal, J.

1. This appeal is directed against the judgment dated 04.09.2013 passed by the learned 3 rd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in file No. 22/Sessions, titled, "State of J&K v. Anil Kumar Sarthi" in FIR No. 43/2008 of Police Station, Janipur Jammu, whereby the respondent has been acquitted of the charge for commission of offence under section 376 RPC.

2. The judgment is impugned on the ground that there was sufficient material on record to convict the respondent but the learned trial court has not appreciated the law and facts of the case in its right perspective, which has resulted into unjustified acquittal of the respondent.

3. Mr. Amit Gupta, learned AAG representing the appellant-State vehemently argued that the prosecutrix has categorically stated that she was raped by the respondent but despite that the learned trial court has acquitted the respondent by wrongly appreciating the evidence brought on record by the prosecution.

4. Heard and perused the record.

5. Brief facts, as they emerge from the prosecution story, are that the father of the prosecutrix-Ashwani Kumar lodged a written report with SHO