JUDGMENT :

This appeal is filed by the sole accused against the Judgment of conviction dated 30.07.2014 and order of sentence dated 31.07.2014 passed by the District and Sessions Judge, Uttara Kannada, Karwar (for short ‘Sessions Judge’), in Sessions Case No.43/2009 convicting him for the offences punishable under Section 376 of IPC and sentencing him to undergo rigorous imprisonment for seven years and to pay fine of Rs.50,000/-.

2. The case of the prosecution is that, the complainant/victim i.e. P.W.13 aged about 29 years and her husband i.e. P.W.14 are from Brisbrain, Australia and the couple were on tour to India and they had come to Gokarna and staying in a cottage at Paradise Beach, belonging to P.W.9 Muralidhar Kamat. It is the further case of prosecution that, on 07.03.2009 in the midnight while the victim was asleep in the cottage, the accused entered into the cottage and removed her panty and committed rape on her. Hence, she lodged a complaint before the Gokarna Police on 07.03.2009 at about 10.30 p.m. Based on the said complaint, Gokarna Police registered a case in Crime No.10/2009 dated 07.03.2009 as per Ex.P.19 and investigated the case by conducting spot panchanama and