JUDGMENT :

Ajay Tyagi, J.

1. Heard learned A.G.A. for the State and perused the record.

2. This appeal under Section 378 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 29.02.2020 passed by learned Additional Sessions Judge/F.T.C., Varanasi acquitting accused-respondent who have been tried for commission of offence under Sections 376, 504 & 506 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

3. Brief facts as culled out from the record are that on 6.2.2014 the prosecutrix was alone at her home and at about 9.00 p.m., when the children were sleeping, the accused who was known to the family entered the house, closed the door from inside and had sexual intercourse with the prosecutrix against her will. The prosecutrix tried to lodge complaint on 10.2.2021 but the police did not record the same and, therefore, on 10.2.2021 she moved concerned Magisterial Court who directed investigation under Section 156 (3) of Cr.P.C. The First Information Report was lodged as 114 of 2014 on 21.3.2014.

4. The accused was nabbed and on 8.7.2015, the case was committed to the Cou