ORDER

1. This is an appeal preferred against the judgment of the Division Bench of the High Court of Bombay at Aurangabad. The appellant is a medical practitioner and he was charged by the prosecution alleging that he raped a patient who had visited his clinic for treatment. The appellant was found guilty by the Additional Sessions Court, Ambajogai, and he was sentenced to undergo imprisonment for a period of ten years and a fine of rupees five thousand and a sentence of six months' imprisonment for non-payment of fine. Aggrieved by the same, the appellant filed an appeal before the High Court and the Division Bench of the High Court confirmed the conviction and sentence. '

2. The facts in short are as follows:

The appellant is running a clinic at Parali. On 17-12-1990, the prosecutrix, along with her husband and their small child, came to the clinic at about 9 a.m. Several patients were waiting for consultation with the appellant doctor. The prosecutrix and her husband waited there and at first the prosecutrix took her child to the appellant doctor and the appellant examined the child and prescribed some medicines. Thereafter the prosecutrix herself wanted to consult the doctor as sh