JUDGMENT :

This is an appeal filed by the State against the judgment of acquittal passed by the learned Assistant Sessions Judge, Kovilpatti in S.C.No.200 of 2005, dated 26.08.2009.

2. The brief facts of the case are as follows:

2.1. The victim and the accused herein are residing in the local limit of Pudur Police Station, Thoothukudi District. The family of the victim is known to the family of the accused. The victim-P.W-3, is the third daughter of P.W-1-Karkkuvelammal and P.W-2-Mariyasingam. P.W-1 and P.W-2 have four children. The eldest daughter is working in a Mill. The second daughter, Nishanthi, is working in a Match Factory. The youngest daughter is studying in School.

2.2. On the date of incident, i.e., on 15.09.2004, P.W-1 and P.W-2 had gone to Kovilpatti regarding the marriage arrangement for their eldest daughter. The eldest daughter and the second daughter had been away from home to attend their regular job. The fourth/youngest daughter had gone to attend the school. Therefore, the third daughter, victim herein, was alone at home.

2.3. On the date of occurrence, around 06.00 p.m., the victim had gone to take bath in the bathroom on the backside of her house. The said bathroo