Judgment

1. We have heard counsel for the parties.

2. Leave granted.

3. We have perused the 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 ofRs.5,000/ - in default to undergo further rigorous imprisonment for one year.

4. 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 water bore situated in the school compound. On 23.7.2 Penal Code 005 in the afternoon at about 300 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 a