(1) This appeal by the State under Section 378 (3) and (1) of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') is directed against the judgment, dated 5th January, 2001, in S.C.No.70 of 1999 on the file of the Assistant Sessions Judge, Miryalguda, where under and whereby, the respondent/accused was found not guilty of the offence punishable under Section 376 of the Indian Penal Code, 1860 (for short 'IPC') and was acquitted.

(2) The brief facts that are necessary for the disposal of the present appeal may be stated as follows: The accused and P.Ws.1 to 3 are residents of Vepulasingaram of Huzurnagar Mandal, Nalgonda District. P.W.2 (victim), who is handicapped due to polio, is the daughter of P.Ws.1 and 3. On 30th August, 1998, P.Ws.1 and 3 left for coolie work and left P.W.2 at house with instructions to see the house. P.W.2 and other children played for some time on the terrace and after playing for some time, at about 4.00 p.m., when all other children were getting down, it was difficult for P.W.2 to get down through the staircase as she was handicapped. At that time, the accused came there and she requested him to help her in getting down to the ground floor. Then the accused lifted her, took her into his house, laid her on a cot and committed rape. The children, who were present there, saw the incident by peeping from the side of the door curtain and informed the same to P. W.1, father of the victim, after he returned from the coolie work. Thereafter, P.W.1 went to the Police Station and lodged Ex.P.1- complaint. P.W.16-Sub-Inspector of Police, Huzurnagar Mandal, registered a case in Crime No.96 of 1998 against the accused for the offence punishable under Section 376 IPC, recorded the statements of P.Ws.1 to 3, seized the skirt and jacket of P.W.2 in the presence of mediators and sent P.W.2 to the Head Quarters Hospital at Nalgonda for treatment. P.W.15-the then Civil Assistant Surgeon in the Nalgonda District Headquarters Hospital examined P.W.2 on 01-09-1998 at about 12.10 p.m., and found abrasion on the right labia majora " x " (inches) (scratch marks), examined Pergina Vagina and found Hymen intact, tip of the little finger admitting, congestion present and sent vaginal slides taken for spermatozoa to Forensic Science Laboratory. Thereafter, the Circle Inspector of Police took up the investigation on 31-08-1998, visited the scene of occurrence in the presence of P.W.10 and others and drafted Ex.P.17- panchanama. He examined P.Ws.4 to 7, who were eyewitnesses to the incident, and arrested the accused on 04-09-1998, seized the Lungi, said to have been worn by him at the time of the incident, and sent him to the Government Hospital, Huzurnagar, for potency test. He also gave requisition to the Judicial I Class Magistrate to record the statement of the child witnesses (P. Ws.4 to 7) under Section 164 Cr.P.C. After completion of investigation, he filed the charge sheet.

The charge levelled against the accused is, "on 30-08-1998 in the morning hours at Vepulasingaram Village. P.W.2- Chedapangu Aruna, D/o.Anjaiah, age: 12 years, was playing along with other children, after finishing her play near your house, she requested you to get her down from the steps, since she is a handicapped, on that you get her down, and took her to the house of L.W.2, there you laid her down, and committed rape on her, thereby you committed an offence punishable u/s.376 of the Indian Penal Code and within my cognizance."

(3) When the above charge was read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried.

(4) In order to prove the charge, the Prosecution examined PWs.1 to 18 and got marked Exs.P.1 to P.21 besides case property M.Os.1 to 3. On behalf of the defence, except marking Ex.D.1, no oral evidence was adduced.

The trial Court, after considering the evidence on record, observed that the evidence of the defacto-complainant was half-spoken; that P. Ws.2 and 3 i.e., the victim and her mothe