Dismissed police constable Sunil More, undergoing 12 years imprisonment on charges of raping a minor girl in a police post, filed an appeal on Tuesday in the Bombay High Court, challenging his conviction on the ground that he had been falsely implicated in the case.
The appeal, filed by advocate Prakash Wagh, would come up for hearing in due course.
A sessions court, on April 3, had found More guilty of rape charges and sentenced him to jail for 12 years. He was also asked to pay a fine of Rs 26,500 to the victim as compensation for the agony suffered by her.
More was convicted for raping a 17-year-old girl in the Marine Drive police chowky located barely a ten-minute walk away from Mantralaya, the state secretariat, on April 21 last year.
However, More was acquitted under the provisions of Bombay Police Act for misbehavior and being under the influence of liquor on duty. He was acquitted on this count as the prosecution could not prove the charges.
The appeal contended that the trial court had erred in convicting More as he had not raped the victim. It challenged the prosecution's case saying it was highly improbable to rape a girl three times in 15 minutes and contended that More was falsely implicated.
The appeal pointed out that the prosecution had told the court that a condom was used in the rape but condom was not found at the scene of offence. Besides, the medical examination report did not talk about injuries on the private parts of the victim, thereby indicating that no force was used.
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