Judgment

K. JAYACHANDRA REDDY, J.:- This is an appeal by the State. The respondent, who at the time of occurrence was aged 20 years, was convicted by the trial court under Sections 366 and 376, I.P.C. and sentenced to five years R. I. under each count. The sentences were directed to run concurrently. He preferred an appeal to the High Court. The High Court set aside the convictions and sentences awarded against him and accordingly allowed the appeal. Hence the present appeal.

2. The prosecutrix Madhubala, PW 7, who according to the prosecution was aged about 15 years at the time of occurrence, was residing with her parents PWs 1 and 5 at Devar Hippargi Village. She is the fifth daughter of PWs 1 and 5 and her four elder sisters were already married. Her elder brother was residing at Davanagere and her younger sister PW 2 was also residing along with PWs 1 and 5. PW 1 originally belonged to Rajasthan. He came to Devar Hippargi Village about 7 or 8 years ago for the purpose of his grocery business. His shop was opposite to cloth shop of the accused who was the son of cousin brother of PW 1 The accused and PW 1 were having monetary transactions with each other and the accused used to vi