2007 (9) TMI 633 - SC - Indian Laws

Summary

Issues involved: Conviction under Section 376 read with Section 511 of IPC, benefit of doubt, acquittal.

The Supreme Court perused the order passed by the Division Bench of the High Court of Bombay convicting the accused-appellant u/s 376 read with 511 IPC and sentencing him to five years of rigorous imprisonment and a fine of Rs. 5,000. The prosecution's case involved the accused luring the prosecutrix Anita into his house and sexually assaulting her. The Trial Court had sentenced the accused to seven years of rigorous imprisonment and a fine of Rs. 4,000, which was partly allowed by the High Court, reducing the sentence to five years of rigorous imprisonment and a fine of Rs. 5,000. The Supreme Court examined the evidence, including the doctor's testimony stating no injuries on Anita's body, no signs of semen, torn clothes, or presence of accused's hair on her body. The doctor mentioned Anita was habituated to sexual intercourse. The Supreme Court held that the evidence was not correctly appreciated by the lower courts, and the accused was entitled to the benefit of doubt. Consequently, the Supreme Court allowed the appeal, set aside the judgments of the lower courts, and acquitted the accused of all charges. If the accused was in jail, he was to be released immediately if not required in any other case.