K.N. KESHAVANARAYANA, J.—This appeal is by the convicted sole accused in S.C. No. 53/2001 before Fast Track Court-III, Mysore and is directed against the judgment of conviction and order of sentence dated 17.12.2004 passed in the said case convicting him for the offence punishable under Section 376 of IPC and sentencing him to undergo rigorous imprisonment for 7 years and also to pay fine of Rs. 30,000/-.

2. The case of the prosecution in brief is as under:

P.W. 10, the victim is the daughter of P.W. 6-Ammanamma and CW.5-Devarasegowda and are the residents of Gandatturu Village in H.D. Kote Taluk. P.W. 11-Prakash is younger brother of P.W. 10. P.W. 6 and her husband were coolies by profession and they used to go out of the village for coolie works to earn their livelihood by leaving their young children in the house. About 5 days prior to 29.12.1999, P.W. 6 and her husband left the village and had gone to the neighbouring Kerala State for work. Therefore, P.Ws. 10, 11 and their two younger brothers were in the house. At about 10.00 or 10.30 p.m. on 29.12.1999, while P.Ws. 10, 11 and their younger brothers were sleeping inside the house, she heard some sounds of galata outside