This appeal is directed against the judgment passed by the Additional Assistant Sessions Judge, Srikakulam on 08.01.2001 in S.C.No.94 of 1999.

The first accused is the appellant. In all, five accused were put up for trial before the learned Additional Assistant Sessions Judge. Among the accused, the appellant/A-1 was tried for the charges under Sections 376(2(c)(e) and 506(ii) of IPC and the accused 2 to 5 were tried for the charges under Sections 201 and 176 of IPC. The learned Additional Assistant Sessions Judge acquitted A-2 to A-5 for the charges under Sections 201 and 176 of IPC, but convicted the appellant/A-1 for the offence under Section 376(2)( c ) of IPC and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,000/-in default to suffer simple imprisonment for three months.

Challenging the said order of conviction and sentence, A-1 preferred the present appeal.

Briefly stated, the prosecution case is like this:

The appellant/A-1 was working as Deputy Warden in Tribal Welfare Ashram, Upper Primary School Hostel, Haddubangi. PW-1, the victim girl was studying class-IV and staying in the Ashram School Hostel at relevant ti