JUDGMENT :

Manoj Kumar Tiwari, J.

State has filed this appeal, by leave, challenging the judgment and order dated 8.8.2012, passed by 4th Additional Sessions Judge, Haridwar in Sessions Trial No. 332 of 2005, whereby respondent has been acquitted of the charges punishable under Sections 354, 376/511 IPC.

2. Prosecution story, in nutshell, is that complainant’s daughter (victim) was studying in Class IV-C in Siksha Niketan School, B.H.E.L. On 8.4.2004, her grandfather dropped her in the school at 7.20 AM. At around 10.30 AM, Headmistress telephoned in the victim’s house and informed that one person came in the school and did obscene act with the victim, outraged her modesty and tried to commit rape on her. At that time, all other students except the victim were attending prayer outside. When the victim raised the alarm, school staff reached at the spot and then that person fled away from there. On this information, father and grandfather of the victim reached at the school at around 12.30 PM and when they were coming along with the victim to their house, the victim identified that person, who was found travelling on the road and who disclosed his name to be Sheetal Kumar. Thereafter th