JUDGMENT :

Sanjaya Kumar Mishra, J.

1. State has preferred this appeal against judgment of acquittal passed by the learned 4th Additional Sessions Judge, Haridwar, in Sessions Trial No. 286 of 2008, State vs. Meharban @ Sachin on 06.03.2013, whereby the learned Sessions Judge has acquitted the respondent Meharban @ Sachin for the offence under Sections 363, 366 and 376 of the Penal Code (hereinafter referred to as “the Penal Code”, in brief).

2. The case of the prosecution is that the informant, who happens to be father of the victim (his name has been withheld in this judgment) produced a written First Information Report in the Jwalapur Police Station, Haridwar that his daughter, who was working in a private factory was enticed away under the threats by the respondent on 01.12.2007 and that she was found on 02.12.2007 in the state of unconsciousness near Jatwara Bridge. She informed that the respondent Sachin alias Meharban r/o Sultanpur Kunhari, PS Laksar, who was commuting the victim, as an auto-rickshaw driver committed rape upon her. On such report submitted on 02.12.2007 at 08:45 PM, case crime no. 545 of 2007, was registered for the aforesaid offences. Thereafter, the Investiga