JUDGMENT :

The appellant/accused filed the present criminal appeal against the judgment of conviction and order of sentence dated 8/12-10-2010 made in S.C. No.52/2008 on the file of the I Additional Sessions Judge, Tumkur, convicting and sentencing him for the offences punishable under Sections 376, 302 and 201 of IPC. By the impugned judgment, the trial Court sentenced the appellant/accused to undergo imprisonment for life and to pay fine of Rs.30,000/-for the offence punishable under Section 302 of IPC and sentenced to undergo Simple Imprisonment for seven years and to pay fine of Rs.20,000/-for the offence punishable under Section 376 of IPC and to undergo Simple Imprisonment for two years and to pay fine of Rs.10,000/-for the offence punishable under Section 201 of IPC, with default sentences.

2. It is the case of the prosecution that the accused is the resident of Lingadahalli, Mallipatna, Arakalagud taluk, Hassan district and the deceased Sahana, aged about 8 years is the resident of Oorukere village in Tumkur district and the mother of the accused and mother of the deceased are sisters and though they are residing in different villages in different districts, the accused used