N. ANANDA, J.—The appellant (hereinafter referred to as accused) was tried and convicted for offences punishable under Sections 376 and 341 I.P.C. Therefore, he has filed this appeal.

2. I have heard Sri S.K. Venkata Reddy-learned Counsel for appellant-accused and Sri Vijaykumar Majage-learned Government Pleader for the State.

3. The inter se relationship of some of the prosecution witnesses and the case of prosecution may be stated thus:

P.W. 1-Anitha Bai is the daughter of P.W. 7-Sevya Nayaka and P.W. 8-Shalibai. P.Ws. 3 to 6 are related to P.W. 1 and accused. The accused is the cousin brother of P.W. 1. The father of P.W. 1 and the father of accused are direct brothers. At the relevant time, they were residents of Jajurayanahalli, Pavagada Taluk, Tumkur District.

4. It is the case of prosecution that during the year 1995, P.W. 1 was aged about 12 years and she was grazing the sheep. On 29.12.1995, P.W. 1 and accused, P.W. 4-Lalu Naik and one Gopi were grazing their sheep in a land near Jajurayanahalli. At about 2.30-3.00 p.m., Gopi s/o Gyananaika, P.W. 4-Lalu Naik s/o Kunte Ramanna returned to village to take food. At that time, P.W. 1 and accused were grazing their sheep n