JUDGMENT :

H.P.Sandesh, J.

This Criminal Referred Case and Criminal Appeal are arising out of the judgment dated 23.01.2018 passed by the 3rd Additional District and Sessions Judge, Ramanagara, whereunder the appellant/accused is convicted for the offence punishable under Section 376 and also for the offence punishable under Section 302 of Indian Penal Code, 1860, and sentenced to death for the offence punishable under Section 302 of the Indian Penal Code and also sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/- for the offence punishable under Section 376 of the Indian Penal Code and in default of payment of fine, to undergo rigorous imprisonment for six months and substantive sentence was ordered to run concurrently.

2. The case of the prosecution is that on 15.08.2012, the accused came to house of his sister who has been cited as C.W.9 - Smt.Banu Kausheer situated at Janatha Colony within the jurisdiction of Tavarekere Police Station. On 15.08.2012 at 7.00 p.m., when nobody was there in the house of CW.9, the accused called upon the daughter of CW.1 to bring beedi. When the victim brought beedi, he called her into the house of C.W.9 and subject