JUDGMENT :

The Criminal Appeal is filed, against the conviction and sentence imposed in Sessions Case No.86 of 2007, on the file of Sessions Judge, Mahila Court, Vijayawada, wherein, the sole accused was tried and convicted for the offence punishable under Section 376 of Indian Penal Code, 1860 [for short, “I.P.C.”] and sentenced to suffer Rigorous Imprisonment for a period of seven (7) years and to pay fine of Rs.1000/- and in default, to suffer Simple Imprisonment for a period of three (3) months.

2. The substance of the charge against the accused is that on 16.10.2005 at about 11.00 hours at M.R. Lakshmana Rao Street, Bhimanavaripeta, Vijayawada, the accused said to have committed rape on a minor girl, aged about 13 years while she was moving in the compound.

3. The facts, as culled out from the prosecution witnesses, are as under :

(i) P.W.1 is the grandfather of the alleged victim, while one Anasuyamma is his wife. The house, in which P.W.1 was living consists of three portions. In one portion P.W.1 along with P.W.2 and others live while one Achari resides in second portion and the accused used to reside in the rear portion of the said house. P.W.2 the victim was affected with bra