JUDGMENT

N.S. Veerabhadraiah, J. - The appellant-accused has filed this appeal, assailing the judgment of conviction of the accused for the offence punishable under Section 376 IPC in SC No. 91 of 1991, by the learned Sessions Judge, Bidar, dated 9-9-1998, and sentenc­ing him to undergo rigorous imprisonment for period of ten years and to pay a fine

of Rs 2,000/-, in default, to undergo further rigorous imprisonment for six months.

2. The nutshell of the prosecution case is as follows :

The prosecutrix, daughter of PW6 Nirmala and PW7 Subhash, was a child aged about five years. The child and PWs 6 and 7 were residing in the house of Panchappa along with PW8 Manemma and PW1 Venkatesh. Their house is situated at Gandhinagar Colony, Bidar. PW6 Nirmala as well as PW8 Manemma are sisters. Whereas PW1 Venkatesh is the son of PW8 Manemma.

3. The accused Syed Pasha and his father Syed Ameerali are running their flour mill, situated at Gandhinagar Colony, Bidar, The said flour mill is situated a few yards away from the house of Panchappa, in whose house the victim and her parents were re­siding.

4. On 9-1-1990 at about 11.00 am, PW1 Venkatesh heard the screaming of the child Umashri