JUDGMENT :

G BASAVARAJA, J.

The appellant has preferred this appeal against the judgment of conviction dated 04.06.2013 and order on sentence dated 06.06.2023 passed by the Principal District & Sessions Judge, Chikkamagalur, in S.C.No.73/2012.

2. For the sake of convenience, the parties herein are referred to their rank as before the trial Court.

3. The brief facts leading to this appeal are that the Circle Inspector of Police, Rural Police Station, Chikkamagaluru, submitted a charge sheet against the accused for the offence under Sections 366 , 343, 376 IPC . It is alleged by the prosecution that CWs.4 and 5 are the parents of victim girl-CW1. They were residing in Attigundi and working as coolies. They have two daughters and one son. CW1 studied in the house of CW6 at Kolludoddi from 1^st to 5^th standard and thereafter, she used to go to Allampura School and was staying at Attigundi. CW1 used to go to the school by SMS private bus and the accused was the driver of the said bus. CW1 used to tell to her parents that accused used to tease her saying that he loves her and intends to marry her and that he will look after her well. Thus, he was insisting her to love him. When the accused t