JUDGMENT

1. Leave granted.

2. Heard Learned Counsel for the parties.

3. This appeal by special leave is directed against the judgment and Order Dated 11.04.2007 passed by a Learned Single Judge of the High Court of Kerala at Ernakulam in Crl. Appeal No. 1653/2003 whereby the conviction of the Appellant accused u/s 376 Indian Penal Code has been upheld. However, the sentence of imprisonment has been reduced from 5 years to 3 years RI and the fine and default sentence imposed by the Addl. Sessions Court, Fast Track (Ad hoc I), Kozhikode has been maintained.

4. Brief facts necessary for the disposal of the present appeal are that PW-2, the prosecutrix, who was aged about 17 years was a neighbour of the Appellant-accused. She belonged to Scheduled Caste community and her father was a coolie and her mother was also doing the work of coolie, PW-3 is the brother of PW-2 and was a coconut climber. PW-2 in her testimony stated that she was approached by the Appellant-accused, when no one else was there in the house and asked for a cup of water. When the prosecutrix went to the kitchen for taking water, the accused-Appellant also came inside and caught her, hand and despite her opposition, remov