IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: September 11^th, 2025 State of Punjab .....Appellant Versus Sanjay Kumar .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Present: Mr. H.S. Deol, Senior Deputy Advocate General, Punjab, for the appellant.

Mr. Roshneel Singh Brar, Amicus Curiae for the respondent.

MANJARI NEHRU KAUL, J.

The instant appeal has been filed by the State assailing the judgment dated 08.09.2003 passed by learned Additional Sessions Judge, Rupnagar, acquitting respondent-accused-Sanjay Kumar (hereinafter referred to as ‘accused’) of charges under Sections 376 and 458 of the IPC.

2. The challenge by the State is premised on the argument that the trial Court misdirected itself in law and in appreciation of evidence, while the learned amicus curiae for the accused contends that the acquittal is based on sound reasoning and ought not to be interfered with. The case originates from FIR No.80 dated 04.05.2001 registered at Police Station Ropar, lodged on the statement of Ishwar Singh (PW-1). He alleged that on the intervening night of 2^nd and 3^rd of May, 2001, while he and his brother Shiv Ji were admit