SPLA No. 40 of 2008 WITH GA No. 110 of 2008 Hon'ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Sri H.C. Pujari, Additional Government Advocate, present for the State / appellant. Heard on leave to appeal. By means of this appeal the State has challenged the order dated 14.02.2008, passed by Additional Sessions Judge / Ist Fast Track Court, Haridwar, in Sessions Trial No. 227 of 1999 and Sessions Trial No. 288 of 2000, whereby the respondent Deepak is acquitted of charge of offences punishable under Sections 363, 366 and 376 I.P.C. We have gone through the impugned judgment which shows that P.W.1 Monika Sharma has stated on oath before the trial court that she had gone with accused Deepak on her own volition. Though in her statement under Section 164 Cr.P.C., she has stated her age to be 17 years, but from the medical evidence adduced by P.W.3 Dr. R.K. Pandey, it came out on the record that the age of Monika Sharma is 19 years. In these circumstances, after appreciating the evidence on record, the trial court did not find that the prosecution proved the charge framed against the accused / respondent. Having considered the submission of learned counsel for the State and after going through the judgment and order, we do not find it a fit case for granting the leave. Leave is refused. Appeal stands dismissed summarily. (D.V.,J) (P.C.P.,J.) 04.06.2008 N S