S.S. Shinde, J.

1. This Appeal is filed by the Appellant – original accused, challenging the Judgment and Order dated 08.11.2011, passed by the learned Sessions Judge, Parbhani in Sessions Trial No.52/2011, thereby convicting the appellant for the offences punishable under Section 302 of the I.P. Code and sentenced to suffer Life Imprisonment and to pay fine of Rs.10,000/- [Rs.Ten Thousand only], in default of payment of fine, he is directed to undergo further S.I. For the period of six (6) months and also for the offence punishable under Section 201 of I.P. Code and sentenced to suffer rigorous imprisonment for three (3) Years and to pay fine of Rs.5,000/- [Rs. Five Thousand only], in default of payment of fine, he is directed to undergo further simple imprisonment for the period of three (3) months.

2. Relevant facts as are necessary for the adjudication of the instant Appeal can be summarized as follows:

The deceased Raiwata d/o. Uttam Shelke, R/o. Shelke wadi, Taluka Purna, District Parbhani, was a student of 12th Standard. She was attending tuition classes at Purna and for that purpose was residing with her paternal aunt [father’s sister] Kasabai Govind Vaidya, R/o. Adgaon [Lasina], Taluka Purna. On 23.11.2010, at about 06.30 a.m. Raiwata had started from Adgaon Lasina for Purna to attend the tuition classes, and was supposed to return home in the afternoon, however, she did not return back. Shri Kishan Munjaji Shelke, the grandfather of Raiwata and others took search of Raiwata, and as she was not found, a Missing Report was lodged on 25.11.2010 at the Police Station Purna, bearing No.28/2010 at about 16.30 hours. On 27.11.2010, in the afternoon, information was received that, a dead body of an unknown lady was found in the well situated in the field of Gyandeo Gangaram Vaidya in Adgaon Lasina Shivar. The field owner also informed the Police about the same. On the basis of this information, A.D. No.44/2010 was registered at the Police Station Purna under Section 174 of the Code of Criminal Procedure. The enquiry into accidental death case was entrusted to Head Constable Prakash Jangale. During the A.D. Enquiry, the grandfather of the deceased Kishan Shelke identified the dead body found in the well of Gyandeo Vaidya, as that of his grand daughter Raiwata. The body was taken out of the well; it was in a decomposed state. The salwar and nikar were removed from the person of the deceased and as such an inference was drawn by the Police that, the deceased must have been subjected to forcible sexual intercourse and in order to cause disappearance of evidence of rape, she must have been thrown in the well for causing her death by drowning. According to the prosecution when the deceased Raiwata was passing from the road, near the stream-let abutting the field of Gyandeo Vaidya and Shivaji Bhore, she was followed by the accused Dnyaneshwar @ Bandu @ Lakhya. The accused accosted her and dragged her in the standing sugarcane crop. She raised shouts. Ganesh Solva [PW-7] noticed something untoward happening. Ganesh Solave is an agricultural labour in the field of Dhondiba Bhore and resident of Barbadi. He did not disclose the incident to anybody. It is alleged that, the accused was also noticed at the spot of the relevant time of occurrence by Dhondiba Bhore and Maroti Solav in a frightened state. Police Head Constable Prakash Jangale lodged the report at Police Station Purna on the basis of enquiry conducted by him in the Accidental Death Case No.44/2010 on 29.12.2010 and on the basis of which Crime No.200/2010 was registered under Section 302, 376, 201 of I.P. Code at Police Station Purna. In the course of investigation, the Police arrested the accused on 29.12.2010. The inquest and spot panchanama were already recorded in the course of enquiry of the Accidental Death Case. The dead body was sent for postmortem examination. The post-mortem examination was conducted on 28.11.2010 between 07.30 hours to 09.00 hours. The sta