JUDGMENT :

A.M. BABU, J.

1. Appellant was the accused in SC 181/2012 on the file of the court of session, Ernakulam division. He was convicted and sentenced under S.376 of the Indian Penal Code(IPC).

2. Prosecution case goes as follows: The appellant committed rape on a girl aged below 12 years on two Sundays in the year 2010. The first incident had taken place in a temporary shed where the appellant was residing then with his family. The second incident of rape was committed by the appellant in his newly constructed house. He enticed the child by giving her money for buying confectioneries and toffees. The child divulged the incidents to her class teacher when the latter who found toffees and a confectionery called sip-up in the school bag of the former and questioned her. The class teacher reported to the headmistress to whom too the child disclosed the incidents. The headmistress informed the matter to the child’s mother.

3. The mother of the child gave the first information statement. It was given and the F.I.R. was registered on 9.9.2011. Investigation was conducted and charge-sheet was filed. The case was committed to the court of session, Ernakulam division. The learned Sessions