JUDGMENT

MADHU JAIN, J.

BACKGROUND:

1. The present appeal has been filed under Section 378 (3) read with Section 482 Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) assailing the impugned judgment dated 6th December, 2012 passed by Ld. ASJ- 01(South), Saket District, New Delhi whereby, the Respondent herein has been acquitted in Session Case No. 25/11 arising out of FIR No. 06/11 registered at P.S. Fatehpur Beri, for offences punishable under Sections 363/376 of the Indian Penal Code, 1860 (hereinafter ‘IPC’).

BRIEF FACTS:

2. The present case arises out of an incident that occurred in the intervening night of 11-12th January, 2011 at about 1:30 AM. The allegations are that the prosecutrix woke up to attend the call of nature and, while returning to her house, the Accused/Respondent Irfan, a resident of the same neighbourhood, suddenly approached her and gagged her by placing his hand over her mouth. He thereafter lifted her and took her to his room, where he removed her pyjama and undergarments and unzipped his trousers and committed rape upon her. After the commission of the offence, the Accused/Respondent fled from the spot. The prosecutrix then put on her clothes and ra