SAROJ YADAV,J. - (1.)This appeal along with application under Sec. 378(3) of the Code of Criminal Procedure 1973 (in short "Cr.P.C.") read with Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act") has been filed by the State-appellant against the judgment and order passed by Additional Sessions Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Special Sessions Trial No. 106 of 2017, Crime No. 264 of 2017, under Sec. 376-D of The Indian Penal Code, 1860 (in short "IPC") and Sec. 3(2)(V) SC/ST Act, Police Station Fardhan, District Lakhimpur Kheri, whereby the accused-respondents have been acquitted.
(2.)Heard Ms. Nand Prabha Shukla, learned Additional Government Advocate appearing on behalf of the State-appellant.
(3.)Shorn off unnecessary details, the facts necessary for disposal of this appeal are:-
A First Information Report (in short "F.I.R.") was lodged by the victim/complainant against the accused-respondents on 13/9/2017 stating that on 9/9/2017 at about 7.00 PM, while she had gone to ease herself in the field of sugarcane near her village, the accused persons namely Chhote Verma and Hemnath, who were ambushing in the field of sugarcane, caught her and gagged her mouth and committed rape on her one by one. When the victim did not return home, her husband reached at the spot, then accused persons Chhote Verma and Hemnath ran away from the spot. Thereafter, the victim narrated the entire incident to her husband.