- (1.) We have heard counsel for the parties.
(2.) Leave granted.
(3.) We have perused to order passed by 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 Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year. 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. They are the residents of Chikhali, Taluka Patoda, District Beed and they are cultivators by profession. The appellant is the resident of the same village. 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 compound. 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. The accused, whose house was by the side of the road, saw Anita and called her. The accused told her that her father was in his house. Anita went close to the house and wanted to know where her father was. The accused told her that her father was inside. The moment the girl 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 imprisonment for seven years and to pay fine of Rs. 4,000/- in default to suffer rigorous imprisonment for 1-1/2 years.;