Mumbai, Mar 10 (UNI) The Bombay High Court today rejected the bail application of dismissed police constable Sunil More, convicted and sentenced to twelve-year rigorous imprisonment for raping a minor girl in a police booth at Marine Drive.
A division bench, comprising Justices S B Mhase and V K Tahilramani, admitted More's appeal against his conviction for final hearing, but specifically refused to hear the appeal expeditiously.
Additional Sessions Judge K U Chandiwal, on April 3, 2006 had convicted the former constable for raping the minor and sentenced him to undergo twelve years rigorous imprisonment. More had allegedly raped a minor college student, who was spotted and brought to the police booth with her boyfriend by a Security Guard.
The incident took place on April 21, 2005 when More, attached to Marine Drive police station, was posted at the ill fated police booth and was arrested immediately thereafter when he was under heavy influence of liquor.
Advocate Prakash Wagh, appearing for More, today contended that the conviction was based absolutely on the victim girl's deposition in trial court, but other evidence did not support her case. Rather the medical evidence rules out possibility of rape, he added.
He pointed out another critical factor that DNA test conducted on a pubic hair, found on his person, did not support the prosecution's case. Against this background, Wagh had requested the court to grant bail to the accused policeman, saying that there was no other evidence to prove case of the girl.
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