This Criminal Appeal is filed under Section 374 Cr.P.C. by the Advocate for the appellant praying that this Hon’ble Court may be pleased to set aside the judgment and order of conviction and sentence dated: 30.03.2009/02.04.2009 passed by District and Sessions Judge, Kodagu, Madikeri and incharge Presiding Officer of Fast Track Court, Madikeri in Sessions Case No.58/2006-convicting the appellant/accused for the offence punishable under Sections 376(2)(f), 323 and 506(ii) of IPC, and for having committed an offence punishable under Section 376(2)(f) the appellant/accused is sentenced to undergo R.I. for ten years and also to pay fine of Rs.35,000-00 (Rupees Thirty Five Thousand only), for having committed an offence punishable under Section 323 OF IPC, the appellant/accused is sentenced to undergo S.I. for a period of six months and for having committed an offence punishable under Section 506(ii) of IPC, the appellant/accused is sentenced undergo S.I. for a period of six months.

2. The contents of First Information Report is as under:

One Prema, W/o Venkatesh, aged about 25 years, Occupation: Coolie, gave a statement before the Police and the Medical Officer of Government Hospital and has furnished a memo to the PSI, Police Station Ponnampete. On the basis of it, Crime No.63/2006 was registered for the offence punishable under Sections 376, 323, 506 of the Indian Penal Code against the accused. She was residing in Thorebeedi, Ponnampete for the past two years three months. Her daughter is victim. Her mother is Haalamma. Her elder sister is Laxmi, her sister is Sannamma and her brother is Swamy. Her husband Venkatesh had deserted her about three years back. She used to go to Coolie work. There she met one person by name Rajesh and she got acquainted with him. He used to tell him that he was in love with her and he used to visit her house frequently.

3. The contents of the complaint further discloses that on 01.06.2006 – Thursday, herself, her sisters and brother went to coolie work at 8.00 a.m. On that day, Rajesh expressed that he was suffering from body pain and saying so, he stayed at home along with her daughter Vidya. He did not go to coolie work. Complainant went to coolie work and at 6.30 p.m., she returned to house and her daughter, victim was crying. She went inside and saw Rajesh had removed his underwear and kept her daughter, victim on his thigh and he was scrubbing the private part of the child with his private part and thereby committed sexual assault on the child. She went and snatched the child. At that time, Rajesh assaulted her and her daughter. He also threatened that he will not leave her, in case, if she narrates this incident to any third person. He also threatened that he will kill her. By that time, her sisters and brother came there. They also scolded him. He threatened that he will kill them. Private part of her child was reddish in colour, she had difficulty in passing urine and she was crying. She was frightened since Rajesh threatened her. She brought the child to the hospital on 03.06.2006.

4. Accused has committed sexual assault on her daughter, victim and also threatened to kill her. Since she was frightened due to threatening by the accused and her mother, her younger sister gave courage to lodge a complaint on 03.06.2006.

5. The Police after investigation have laid chargesheet against the accused for the offences punishable under Sections 376, 323, 506 of IPC. The contents of the chargesheet reveals that Ponnampet, comes under the jurisdiction of Ponnampet Police Station, Virajpet Taluk. The complainant was residing at Thorebeedi. On 01.06.2006 at 2.30 p.m. accused had committed sexual assault on her daughter, victim, who is two years old. When she went to rescue the victim, accused assaulted her and threatened to kill her.

6. In the Trial Court, Trial was conducted by examining P.Ws.1 to 18 and Exs.P1 to P15 were marked.

7. P.W.1 is the mother of the victim. She has stated in her evidence that