JUDGMENT

N.S. Veerabhadraiah, J.—This appeal is by the accused assailing the judgment of conviction for the offence under S. 376(2)(f), I.P.C. in S.C.No. 47/2000 by the learned Principal Sessions Judge, Belgaum, dated 28-2-2003 sentencing him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 5,000.00, in default to undergo S.I. for a period of 3 months.

1. The brief facts of the case of the prosecution is as under:

The accused-Dilawarsab s/o Alisab was charge-sheeted for the offence under S. 376, I.P.C. on the allegation that on 26-9-1999 at about 12.00 noon, committed rape on his cousin sister-P.W. 13 in the land of P.W.1 Dadesab at Teggihal village. The prosecutrix P.W. 13 is the daughter of P.W.1 Dadesab and he is residing in his lands at Teggihal village alongwith his wife-Bibijan, sons viz., P.W.3-Husseinsab, Hazarathsab and Moulasab. The brother of P.W.1, Alisab was also residing nearby with his wife and son-Dilawarsab (accused). On the said date and time, while P.W.1 was returning towards his hut, saw the accused committing rape on his daughter P.W.13, aged 10 years. He noticed his daughter was struggling at the hands of the accused. When he rushed towards th