ARIJIT PASAYAT, J.

( 1 ) STATE of Karnataka is in appeal against the judgment of the learned Single Judge of the Karnataka High Court directing acquittal of the respondents who were charged for commission of offence punishable under Section 376 of the indian Penal Code (in short the 'ipc' ).

( 2 ) BACKGROUND facts as projected by prosecution in a nutshell are as follows: p. W. 1 and PW2 were residing alongwith their respective parents at Madenadu and they were working as coolies in the coffee estate of Pudiyenda Palangappa, Appellant No. 2 (accused no. 2) is a tailor by profession having his tailoring shop at Aatekere, On 16-9-1989 at about 9. 00 a. m. , PWs, 1 and 2 went to the tailoring shop of A-2 and requested him to stitch their blouses. At that time they gave two blouses of theirs for the purpose of measurement along with new clothes. It is alleged that A-2 asked them to come on the following day to take delivery of the blouses if they were stitched. Accordingly, on 17. 9. 1989 they both went to the tailoring shop to take delivery of the clothes when A-2 informed them that the stitching was not over, upon which both of them asked him to return the blouses given for measurement