JUDGMENT

H.K.SEMA,J

This appeal is preferred by the State of Tamil Nadu against the judgment and order dated 8.7.1999 passed by the High Court. The respondent-accused Ravi @ Nehru was convicted by the Trial Court for an offence under Section 376 IPC and sentenced to seven years rigorous imprisonment and a fine of Rs.2,500/- and in default to undergo rigorous imprisonment of 2 years. Aggrieved thereby he preferred Criminal Appeal No.768 of 1992 before the High Court. The High Court by the impugned judgment and order has set aside the order of conviction and acquitted the accused. Hence this appeal by special leave.

Briefly stated the prosecution's case is as follows:-

On 23.10.1989 at about 3.30 p.m. PW-2 Arthi (victim girl) aged about five years was going to her aunt's house along with other children. At about 4.00 p.m. she came running to her house and informed her mother PW-1 that the accused took her to the bed room of his house and after removing her underwear and his pant placed her on his lap and pressed his male organ on her female organ. She cried in pain. On hearing her cry, two persons who were watching television in the front room of the house came there and scolded