JUDGMENT

Santosh Hegde, J.-Andaman & Nicobar Administration is in appeal before us against the judgment of the High Court of Calcutta dated 19.6.1995 whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and conviction of the Sessions Judge, Andaman & Nicobar Islands in Sessions case No. 22 of 1991 by which judgment the learned Trial Judge convicted the respondent for offences punishable under sections 363 and 376 (2)(b) of the IPC, and sentenced him to undergo RI for 10 years with a fine of Rs. 2,000 for the principal offence.

2. Brief facts necessary for the disposal of this appeal are as follows :

The prosecution alleges that on 21.1.1989 at about 7.30 p.m the respondent committed rape on PW-19 who at that time was aged about 3½ years. It is the case of the prosecution that on 21.1.1989 in the evening parents of the victim i.e. PW-3 and PW-9 had left the child in the custody of PW-1 while they had gone to their place of work. During the said time PW-1 with other members of family left the child in her own house and went to the house of PW-9 to watch a television programme and it is during their absence it is alleged that the responden