JUDGMENT :

S.S. SHINDE, J.

1. At the outset it is required to be noted that since the allegations leveled by the victim against the respondent are in respect of the alleged sexual assault, therefore, identity of accused-respondent and the victim girl needs to be concealed. The accused-respondent and victim girl is referred to as XYZ and ABC, respectively. Registry to maintain the record accordingly.

2. This appeal is preferred by the State challenging the judgment and order dated 25.08.2000 passed by the Additional Sessions Judge, Nashik, thereby acquitting the accused for the offence punishable under Section 376 of Indian Penal Code, 1860 (for short ‘IPC’).

3. The prosecution story in short can be summarized as under :-

The Respondent-Original Accused at the relevant time was residing at the upper floor of the house of complainant’s father-in-law namely Dwarkanath Joshi. The victim at the relevant time aged about 5 years, was residing with her grant father. On 07.03.1997, at about 6.30 pm., the victim girl asked for another pant (nicker) as she wanted to change her pant. Complainant i.e. mother of the victim girl saw blood stains on the nicker of victim girl. The complainant also witne