VIJAY BISHNOI,J. - (1.) This criminal leave to appeal has been filed by the State being aggrieved with the judgment dated 03.07.2015 passed by the Additional Sessions Judge, Churu (Raj.) (hereinafter referred to as the 'trial court') in Sessions Case No. 19/2013, whereby the trial court has acquitted the accused respondent from the offence punishable under Sections 376/511 IPC.
(2.) The brief facts of the case are that PW/1 submitted a written report at Police Station Sardarshahar stating there that on 16.12.2012 at about 5.00 P.M. when she went for easing herself in one Bara situated away from her house then suddenly accused respondent came there and caught hold of her hand and thereafter tried to commit rape upon her. The police registered the FIR and started investigation. After completion of investigation, filed charge-sheet against the accused respondent from the offence punishable under Section 376/511 IPC. The case was committed to the trial court and the trial court has framed charges for the offence punishable under Sections 376/511 IPC. The accused respondent has denied the charges and claimed trial. The prosecution has produced as many as four witnesses and also got exhibited several documents. The statements of the accused respondent were recorded under Section 313 Cr.P.C. The trial court after analyzing the prosecution evidence and the other material available on record has acquitted the accused respondent from the offence punishable under Section 376/511 IPC. Being aggrieved with this, State has preferred this leave to appeal.
(3.) Learned Public Prosecutor has argued that the prosecution has proved the charges for the offence punishable under Sections 376/511 IPC against the accused respondent beyond reasonable doubt, however, the trial court has grossly erred in acquitting him for the aforesaid offence.;