Justice Revati Mohite Dere was hearing the criminal appeal filed by Sunil Shelke from Thane District who was lodged in Thane Jail in the matter of Rape and convicted u/s 376 of Indian Penal Code and sentenced Seven years imprisonment by session court in Thane.
After Examining all the evidence and Argument presented before it the Hon’ble High Court of Bombay came to the conclusion that:
"In the facts, having regard to the evidence on record, what was understood by the victim as rape, may not have the same connotation of 'rape' as defined in Section 375 of the I.P.C. (old Section) PW4 – Dr.Anil Gavanda, the Medical Officer who examined the prosecutrix, in the column of 'History of alleged rape/kidnapping given by victim in her own words' has mentioned "Not specified". In the column of 'Injuries on her private parts/breasts' it is stated as "Not detected". As far as the settlement is concerned i.e., there is nothing in this document, which indicates that the appellant had raped the prosecutrix.
All that the said document suggests is that the prosecutrix was with the appellant during the said night, which the appellant accepted and paid a fine of Rs.1,051/-. Thus, there is nothing in the Settlement Deed to even remotely suggests, that the appellant had raped the prosecutrix."
Thus the conviction was set aside and the appeal was allowed in the said case.