JUDGMENT

Thoams, J.-A girl of sixteen (Satya Vani) was raped and throttled to death. This was the gravamen of the charge put against respondent Gangula Satya Murthy alias Babu, Sessions court convicted him under Sections 302 and 376 of the Indian Penal Code and sentenced him to imprisonment for life and rigorous imprisonment for 7 years respectively under the two counts. But on appeal, a Division Bench of the High Court of Andhra Pradesh acquitted him. This appeal by special leave has been filed by the State of Andhra Pradesh in challenge of the said order of acquittal.

2. We shall state the facts of the case as out forth by the prosecution :

Satya Vani was a student of 10th Standard. She was residing with her parents in the village Talluru (East Godawari District). Respondent Babu, a married youngman, was residing with his mother in their house situated near the house of the deceased. Satya Vani used to visit respondent s house to see television programmes as there was no television set available in her house. Respondent developed, in course of time, an infatuation for Satya Vani, but the overtures made by him were not favourably reciprocated by her.

3. On the ev