JUDGMENT

Santosh Hedge, J.-The respondent herein was convicted by the Sessions Judge, Kodagu, Madikeri in Sessions Case No. 30 of 1982 for offences punishable under Sections 448 and 376 IPC, and was sentenced to undergo RI for one year under Section 448 and 4 years under Section 376 IPC with a fine of Rs. 500/-. The above conviction was based on the prosecution case that the respondent committed the rape of Fathima, PW3 on 23.9.1981. The High Court in appeal reversed the judgment and conviction on re-appreciation of facts. It came to the conclusion that the prosecution has failed to establish the fact that PW-3 was a minor at the time of the incident as also the factum of rape by the respondent of the said prosecutrix. The main evidence led by the prosecution in support of its case was that of the victim herself who was examined as PW-3 and that of her father PW-4 and mother PW-7. The prosecution also relied on the medical evidence as spoken to by doctor PW-1. The High Court having come to the conclusion that PW-3 was not below the age of 16 years at the time of the incident, also did not accept her evidence because if really the incident had taken place, as narrated by her, the nei