The respondent (hereinafter referred as “accused”) was tried and acquitted of an offence punishable under Section 376 r/w 511 IPC. Therefore, the State is before this Court.

2. We have heard Sri. Vijayakumar Majage, learned Government Pleader for the State and Sri. M. M. Ashoka, learned counsel for accused.

3. In brief the case of prosecution is as follows: PW.1H.S.Bhavani was a resident of Heggula Village in the year 2006. The house of accused was situate opposite to the house of PW.1. PW.9 (victim girl) is the daughter of PW.1H.S.Bhavani. During the year 2006, the victim was aged about 4 years. The victim was frequently visiting the house of accused. PW.2 H.R. Laxmana is the paternal uncle of victim. He was also a resident of Heggula Village.

4. It is the case of prosecution that on 03.12.2006 at about 1.00 p.m. (afternoon), accused took the victim to his house and removed her inner garment. He had made victim to sit on his lap. PW.1H.S.Bhavani heard hue and cry of victim. She rushed to the house of accused and found that accused had removed inner garment of victim and he had made the victim to sit on his lap. The accused had partly removed his inner garment. After seei