RAVI MALIMATH H.P.SANDESH,J. - (1.)This Criminal Referred Case and Criminal Appeal are arising out of the judgment dated 23.01.2018 passed by the 3rd Additional District and Sessions Judge, Ramanagara, whereunder the appellant/accused is convicted for the offence punishable under Section 376 and also for the offence punishable under Section 302 of Indian Penal Code, 1860, and sentenced to death for the offence punishable under Section 302 of the Indian Penal Code and also sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/- for the offence punishable under Section 376 of the Indian Penal Code and in default of payment of fine, to undergo rigorous imprisonment for six months and substantive sentence was ordered to run concurrently.
(2.)The case of the prosecution is that on 15.08.2012, the accused came to house of his sister who has been cited as C.W.9 - Smt.Banu Kausheer situated at Janatha Colony within the jurisdiction of Tavarekere Police Station. On 15.08.2012 at 7.00 p.m., when nobody was there in the house of CW.9, the accused called upon the daughter of CW.1 to bring beedi. When the victim brought beedi, he called her into the house of C.W.9 and subjected her to sexual act of rape. When she tried to scream, the accused by smothering killed her. The complainant - mother of the deceased lodged complaint in terms of Ex.P.1, which culminated into registering a criminal case against the accused for the above offences. On the same day, the accused was apprehended and interrogated. Accused was also subjected to medical examination and he was in judicial custody. The Investigating Officer has conducted the investigation and after completion of the investigation, he has filed the charge sheet against the accused for the offences punishable under Sections 376 and 302 of the Indian Penal Code. The accused did not plead guilty and he claimed trial. Hence, the prosecution, in order to prove the charges levelled against the accused, examined witnesses as P.Ws.1 to 14 and got marked documents as per Exs.P.1 to 15 and also got marked material objects as MO Nos.1 to 20.
(3.)After closure of the evidence of prosecution, the statement of the accused was recorded under Section 313 of the Criminal Procedure Code and put the incriminating evidence against him and he has denied the version of the prosecution case. He did not choose to adduce any defense evidence.