VITHOBA BHAURAO JAMBHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is claiming bail during the pendency of his appeal against conviction.

(2.) The applicant has been convicted for the offence under Section 376 of the I.P.C. and sentenced to suffer R.I. for 7 years and to pay fine of Rs. 1000/-, i/d to suffer R.I. for one month. The material circumstance which is pressed into service by the learned counsel for the applicant is the admission of the prosecutrix about the enmity between the applicant and the prosecutrix.

(3.) No doubt, this aspect has some bearing on the case, but fact remains that the material evidence led by the prosecution do support the version of the prosecutrix. Simply because there is enmity, it cannot be positively held that the report is false.