JUDGMENT

The appellant/accused filed the present Criminal Appeal against the judgment of conviction dated 09.08.2017 and order of sentence dated 14.08.2017 passed in S.C.No.82/2015 on the file of the Principal District and Sessions Judge, Tumakuru, convicting the him for the offence punishable under Section 302 of the Indian Penal Code and sentencing to undergo rigorous imprisonment for life with fine of Rs.50,000/- in default, to undergo simple imprisonment for a period of two years, and convicting for the offence punishable under Section 376 of Indian Penal Code and sentencing to undergo rigorous imprisonment for a period of ten years with fine of Rs.25,000/-, in default, to undergo simple imprisonment for a period of one year.

I. FACTS OF THE CASE:

2. It is the case of prosecution that, P.W.1-Nagesh, brother of victim-deceased Rathnamma, filed complaint-Ex.P.1 dated 25.06.2015, stating that, he is permanent resident of Javanahalli, Kasaba Hobli, Sira Taluk, Tumakuru District. Rangappa and Rangamma are his parents. He is the elder son in the family. His elder sister-Lalitha is married. His younger sister-Rathnamma/victim, aged 21 years, completed her Bachelor Degree in Arts from Badavanahalli Government College. She had joined computer classes in Badavanahalli. She used to return home from computer class at 3.30 pm. As usual, on 25.06.2015, Rathnamma went to computer class at 10.30 am. Till evening she did not return home. He was under the impression that she might have gone to her friends house. When he was working in the village Dairy, around 6.15 pm, people who came to Dairy were talking among themselves that some one has murdered a girl by slitting her neck in Doddahalla situated by the side of road running from Gulagenahalli to Javanahalli. He along with his uncle's son- Prasanna Kumar went to spot and saw that the girl who was murdered was none other than his sister and noticed that some miscreants had thrown the chutidar pant, underwear and veil worn by his sister-Rathnamma on the bush and had raped her. Under the fear that she may reveal the incident, they have murdered her by poking her neck with some weapon, and had thrown the school bag nearby, which she used to carry every day. The incident might have happened between 3.00 pm to 5.00 pm. Therefore, prayed to apprehend the accused and punish in accordance with law.

3. The jurisdictional police registered a case in Crime No. 149/2015, drawn the mahazar as per Ex.P.2 and seized M.Os.1 to 9, investigated the matter and apprehended the accused. Later, recorded the voluntary statement of the accused as per Ex.P.21, and recovered M.Os.10 to 14. Thereafter, Investigating Officer filed the Charge Sheet.

4. After taking cognizance of the offence, learned Magistrate committed the matter to the learned Sessions Judge, who, after hearing learned Public Prosecutor and the learned defence counsel, framed Charge against accused for the offences punishable under Sections 302 and 376 of Indian Penal Code, read over the same to accused in the language known to him who pleaded not guilty and claimed to be tried.

5. In order to prove its case, prosecution, in all, examined 15 witnesses as P.Ws.1 to 15 and produced material documents Exs.P.1 to P.27 and material objects, M.Os.1 to 14. After completion of evidence of prosecution witnesses, statement of accused as contemplated under the provisions of Section 313 Code of Criminal Procedure was recorded. Accused denied all incriminating circumstances adduced against him by prosecution witnesses, however, did not chose to adduce any defence evidence.

6. Based on the aforesaid pleadings, the learned Sessions Judge framed the following points for consideration.

1. "Whether the prosecution proves beyond all reasonable doubt that, on 25.06.2015 at 3.00 pm, when the sister of the complainant was returning home after attending the computer class on the road known as 'dodda halla' leading from Borasandra to Magodi, the accused held her, closed her mouth