JUDGMENT :

A. BADHARUDEEN, J.

1. The sole accused in S.C. No.680/2007 on the files of the Special Court for the trial of offences against children (Additional Sessions Judge-I), Thiruvananthapuram, has filed this appeal, under Section 374 of the Code of Criminal Procedure [hereinafter referred as ‘Cr.P.C’ for short], challenging the conviction and sentence imposed by the Special Judge, against him as per the judgment dated 16.02.2016. The State of Kerala, represented by the Public Prosecutor is arrayed as the respondent herein.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor, in detail. Perused the verdict under challenge and the records of the Special Court.

3. Parties in this appeal shall be referred as ‘accused’ and ‘prosecution’, hereafter.

4. The prosecution alleges commission of offence punishable under Section 376 of the Indian Penal Code [hereinafter referred as ‘IPC’ for short], by the accused. The allegation of the prosecution is that, the accused committed rape against the minor victim aged 2 years, who is the daughter of PW2 on 09.10.2005.

5. After framing charge, the Special Court recorded evidence and completed trial. During trial, PWs 1 to