(1.) THE respondent (hereinafter referred as "accused") was tried and acquitted of an offence punishable under Section 376 r/w 511 IPC. Therefore, the State is before this Court.
(2.) WE have heard Sri Vijayakumar Majage, learned Government Pleader for the State and Sri M.M. Ashoka, learned counsel for accused.
(3.) IT is the case of prosecution that on 03.12.2006 at about 1.00 p.m. (afternoon), accused took the victim to his house and removed her inner garment. He had made victim to sit on his lap. P.W. 1 - H.S. Bhavani heard hue and cry of victim. She rushed to the house of accused and found that accused had removed inner garment of victim and he had made the victim to sit on his lap. The accused had partly removed his inner garment. After seeing P.W. 1, accused left the victim and came out of his house. P.W. 1 took the victim and apprehended the accused. P.W. 2 - H.R. Laxmana was in his house. P.W. 1 secured her husband. P.W. 1, her husband and P.W. 2 took the victim to the jurisdictional Police Station (Shanivarasanthe Police Station). P.W. 1 lodged the first information. The victim was examined by P.W. 5 - Dr. K.N. Harini in General Hospital at Somwarapet. The accused was apprehended by the police and he was produced before the Court.