This is an appeal by the State against the order of acquittal passed by the Addl. Sessions Judge and special Judge at Shimoga in Special (A) Case No.6/10 dated 30.7.2011. By the impugned judgment, the trial Judge has acquitted accused No.1 of the offences punishable under section 376 and 323 of Indian Penal Code and section 3(i)(x) and 3(i)(xii) of SC/ST (PA) Act 1989 and accused Nos.2 and 3 are acquitted of the offences punishable under section 323 r/w. section 34 Indian Penal Code and under section 3(1)(x) of SC/St (PA) Act 1989.

2. The facts leading to the appeal are as follows:

PW.1 Smt.Chowdamma, the mother of the victim (PW.2) lodged a complaint before the PSI of Bhadravathi Rural Police Station on 24.10.2009 at 3.30 p.m., alleging that on 23.10.2009 at 10.30 a.m., when her younger daughter PW.2 was spreading the washed clothes for drying, accused No.1 called her and when PW.2 proceeded to inquire him about the matter, he forcibly dragged her to a house situated in the garden land and committed forcible intercourse on her. PW.1 informed the incident to her brother (PW.3) and her son (PW.4) who were in Bengaluru and they asked her to wait till their arrival. On 24.10.2