TMI Blog2007 (9) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... the Division Bench of the High Court of Bombay at Aurangabad whereby the accused-appellant was convicted under Section 376 read with Section 511 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for five years and to pay a fine of ₹ 5,000/-, in default to undergo further rigorous imprisonment for one year. The brief facts which are necessary for the disposal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irl Anita entered the house, the accused caught hold her and took her inside the house and bolted the door. The girl shouted for help but without any result. It is alleged that she was subjected to sexual intercourse by the accused. The accused was arrested, prosecuted and ultimately convicted by the Trial Court for the offence punishable under Section 376 IPC and was sentenced to suffer rigourous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her her clothes were torn nor there was any presence of hair of the accused on the private part of the prosecutrix. The doctor after examining the prosecutrix deposed that the girl was habituated to sexual intercourse. In view of this evidence, we are of the opinion that the High Court as well as the Trial Court has not correctly appreciated the evidence and has wrongly convicted the accused-appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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