MASODKAR J. - The accused Bhimrao son of Harnooji Wanjari, a police constable, stood charged for having committed rape on one Tulsabai (P. W. 2) at about 5 P. M. on March 12, 1971, near village Shivangaon within the limits of Nagpur town, and having caused voluntarily hurt to two ladies Jaiwantabai (P. W. 5) and Shashikala P. W 6) respectively and having found drunk contrary to the inhibitions of section 66 (1)(b) and section 85 (1)(3) of the Bombay Prohibition Act. He stands acquitted of the offence under section 376 of the Indian Penal Code while has been found culpable under section 323, Indian Penal Code as well under section 66 (1) (b) and-section 85 (1) (3) of Bombay Prohibition Act. For these offences, he has been convicted and sentenced to rigorous imprisonment for one year, rigorous imprisonment for six months and a fine of Rs. 1,000 or in default R. I. for the month and further to a fine of Rs. 200 or in default R. I. for seven days, respectively.

2. - The accused has appealed against the judgment of conviction and sentence, while the State has appealed against his acquittal of the charge under section 376 of the Penal Code.

3. It appears that the present accused