We have perused to order passed by the Division Bench of the High Court of Bombay at Aurangabad whereby the accused appellant was companyvicted 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 Rs.
5,000/ in default to suffer further rigorous imprisonment for one year.
4,000/ in default to suffer rigorous imprisonment for 1 1/2 years.
The case of the prosecution is that the girl Anita was asked by her mother Arunabai to fetch water from a water bore situated in the school companypound.
The girl shouted for help but without any result.
Anita went close to the house and wanted to know where her father was.
The moment the girl Anita entered the house, the accused caught hold her and took her inside the house and bolted the door.
Aggrieved by the judgment of the Trial Court, an appeal was preferred before the High Court, The High Court partly allowed the appeal and companyvicted the appellant under Section 376 read with Section 511 IPC and was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.
The accused was arrested, prosecuted and ultimately companyvicted by the Trial Court for the offence punishable under Section 376 IPC and was sentenced to suffer rigourous imprisonment for seven years and to pay fine of Rs.
The accused told her that her father was in his house.
5,000/ , in default to undergo further rigorous imprisonment for one year.
It is alleged that she was subjected to sexual intercourse by the accused.
The accused told her that her father was inside.
Hence the present Special Leave Petition.
They are the residents of Chikhali, Taluka Patoda, District Beed and they are cultivators by profession.
The accused, whose house was by the side of the road, saw Anita and called her.
The brief facts which are necessary for the disposal of this appeal are as under The prosecutrix Anita, aged about 18 years is the daughter of Arunabai and Ashruba.
ORDER We have heard companynsel for the parties.
We have gone through the judgment of both the Courts below and also perused the necessary record.
Leave granted.
The appellant is the resident of the same village.
On 23.7.2005 in the afternoon at about 3.00 P.M. Anita went with a steel pot to fetch water from the bore.
