Sections 376 and 341 IPC - Trial court acquitted - High court acquitted under sec.376 but convicted under an attempt to commit rape under sec. 376 read with Section 511 IPC and also under Section 341 IPC -her age to be 60 years- nothing was found to show that the victim was subjected to sexual intercourse - the age of the accused to be 17-18 years -her sari was torn in the incident, said sari was not produced before the court,-she was trying to escape and had bitten the right hand of the appellant, the medical evidence did not support such assertions and that because of civil and criminal cases pending between the parties the possibility of false implication could not be ruled out.Apex court held that the reasons given by the trial court while acquitting the appellant, in our view, are quite sound and in any case, such view is definitely a possible view. The conclusions reached by the trial court cannot be said to be palpably wrong or based on erroneous view of the law, so as to call for interference by the High Court. In our considered view the High Court was not justified in converting the case to that of attempt to commit rape and recording order of conviction. We, therefore, set aside the judgment and order of conviction passed by the High Court and restore that of the trial court acquitting the accused-appellant of the offences with which he was charged.

Sections 376 and 341 IPC - Trial court acquitted - High court acquitted under sec.376 but convicted under an attempt to commit rape under sec. 376 read with Section 511 IPC and also under Section 341 IPC -her age to be 60 years- nothing was found to show that the victim was subjected to sexual intercourse - the age of the accused to be 17-18 years -her sari was torn in the incident, said sari was not produced before the court,-she was trying to escape and had bitten the right hand of the appellant, the medical evidence did not support such assertions and that because of civil and criminal cases pending between the parties the possibility of false implication could not be ruled out.Apex court held that the reasons given by the trial court while acquitting the appellant, in our view, are quite sound and in any case, such view is definitely a possible view. The conclusions reached by the trial court cannot be said to be palpably wrong or based on erroneous view of the law, so as to call for interference by the High Court. In our considered view the High Court was not justified in converting the case to that of attempt to commit rape and recording order of conviction. We, therefore, set aside the judgment and order of conviction passed by the High Court and restore that of the trial court acquitting the accused-appellant of the offences with which he was charged.

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