S. P. WANGDI, Actg. C. J. - This is an appeal under Section 378 of the Code of Criminal Procedure against acquittal of the respondent/accused of the charges under Section 376/511, I.P.C. in S.T. Case No. 11 of 2009, passed by the learned Sessions Judge, South and West Sikkim at Namchi by the impugned judgment dated 4-5-2012.

2. The respondent/accused had been charged-sheeted under the aforesaid provisions by the Sombaria P.S., West Sikkim, consequent to a written FIR submitted by one Phurba Sherpa of lower Ribdi, West Sikkim, stating that his daughter aged about 13 years had been sexually abused by the Respondent/Accused. Resultantly a case under Section 376, I.P.C. was registered against him under Sombaria Police Case No. 4(3)09 dated 23-3-2009. Upon completion of the investigation, charge-sheet under Section 376, I.P.C. was filed against the Respondent/Accused for being tried in accordance with law.

3. During the trial, the prosecution examined as many as 17 witnesses and exhibited 25 documents. The learned trial Court after considering the evidence on record came to a finding that the prosecution had failed to prove not only the charge under Section 376/511, I. P. C. but a