JUDGMENT :

SURYA KANT, J.

1. State of Madhya Pradesh (hereinafter referred to as “Appellant”) is in appeal against the impugned judgment dated 08.10.2009 passed by the High Court of Madhya Pradesh, Principal Bench at Jabalpur whereby the respondent’s conviction under Section 376(2)(f) read with Section 511 of Indian Penal Code (for short “IPC”) has been set aside and instead he has been held guilty under Section 354 IPC and consequently his sentence has been reduced from 5 years to 2 years Rigorous Imprisonment.

BRIEF FACTS:

2. The prosecution case is that, about a fortnight prior to 20.12.2005 (date of registration of FIR), the two victim-prosecutrix who are named as ‘X’ (PW-1) and ‘Y’ (PW-2), aged about 9 years and 8 years respectively, were playing ‘gilli-danda’ in the street located near the respondent’s house. The respondent who was known to both the victims by virtue of living in the same locality, called them with the inducement that he will give them money. Lured by the promise of getting money, both victims went along with the respondent to his house which was totally empty at the time of the incident. Taking advantage of this opportune moment, the respondent closed all the do