(1.) HEARD both sides.
(2.) AGGRIEVED by the conviction of the present appellant by the learned Additional Sessions Judge, Aurangabad vide judgment and order dated 13/07/2001 passed in Sessions Case No. 17 of 2000 for the offences punishable under section 376(2)(f) and section 323 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5000/ -, in default to suffer further rigorous imprisonment for six months, with no separate sentence for the offence punishable under section 323 of the Indian Penal Code, the present appeal is preferred by the original accused. The appellant, however, was acquitted of the offence punishable under section 377 of the Indian Penal Code.
(3.) BEFORE the learned Additional Sessions Judge, Aurangabad, in all 12 witnesses were examined to prove all the above facts.