JUDGMENT :

Ajai Tyagi, J

1. This appeal under Section 378 (3) of Criminal Procedure Code (in short 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 6.7.2012.2017, passed by learned Additional Sessions Judge, Court No.4, Mainpuri, in Session Trial No.299 of 2003 (State of Uttar Pradesh vs. Avaneesh Kumar) arising out of Case Crime No.67 of 2001 under Sections 363, 366 & 376 IPC and in Session Trial No.204 of 2004 (State of UP vs. Smt.Girja Devi, Viresh Kumar, Arvind Kumar and Rajveer) under Sections 363 & 366, Police Station Bhongaon, District-Mainpuri, whereby the learned trial court acquitted the accused-respondents.

2. The brief facts of this case are that on 24.2.2001, written report has been lodged by the complainant-Surendra Kumar alleging therein that at about 12:00 (afternoon) on 20.2.2001, when he and Rajesh (brother) were taking lunch at his house, the wife of the owner of his house along with her brother Avaneesh and Viresh Kumar reached there and told the complainant that some relatives had arrived at their house, therefore, she i