JUDGMENT

(Smt.) Ranjana Prakash Desai, J.

This appeal by special leave is directed against the judgment dated 20/10/2009 passed by the High Court of Andhra Pradesh in Criminal Appeal No.1037 of 2001 whereby the High Court has reversed the judgment and order of the Additional Sessions Judge, Miryalguda acquitting the appellant of the offence punishable under Section 376 of the Indian Penal Code (for short, ‘the IPC’). The High Court has sentenced the appellant to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs,1,000/-, in default, to suffer simple imprisonment for a period of one month.

2. In short the prosecution case is that PW-1 Anjaiah and PW-3 Padma, father and mother respectively of PW-2 Aruna are residents of Vepalasingaram village of District Nalgonda. PW-2 is physically handicapped due to Polio. On 30th August, 1998, PWs 1 and 3 who work as coolies left for their work leaving PW-2 Aruna in the house. PW-2 Aruna and other children played for sometime on the terrace of the house of the appellant who was working as police constable. At about 4.00 p.m., all the children decided to go down. It was, however, difficult for PW-2 Aruna to go down due