JUDGMENT :

Alok Kumar Verma, J.

This Government Appeal is directed against the judgment dated 06.06.2015, passed by learned Additional Sessions Judge/F.T.C./ Special Judge (POCSO), Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.128 of 2014, “State vs. Sudesh”, whereby, the respondent-accused has been acquitted of the charge under Sections 376, 328, 506, 452 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2. In short, the prosecution case is that a written information (Ext.Ka.1) was given by the informant (PW1) to Sub-Divisional Magistrate, Kashipur, District Udham Singh Nagar on 10.04.2014 that she is a member of Scheduled Caste. She is a sweeper in Children Academy School. Her husband (PW3) is a sweeper in Bank of Baroda. They had gone to their work place at 9 a.m. on 29.03.2014. Her 16 year old daughter (PW2) was alone in the house. Her neighbor Sudesh, aged about 60 years, entered her house and raped her daughter after giving her intoxicating pills. He threatened her daughter that if she told this to anyone, he would kill her and fled from the spot. When she and her husband returned home at 04.00 p.m., th