JUDGMENT

Shah, J.-Leave granted.

2. For deciding the question involved, facts are - on 16.3.1998, Shri Sat Pal, father of the prosecutrix Manju Bala lodged an FIR at police station Gharaunda, District Karnal, Haryana under Sections 363, 366 and 376 IPC on the allegation that his minor daughter Manju Bala aged about 16 years had gone from the house on March 15, 1998 about 7.30 p.m. at Bara (the place where cattles are tethered), but did not return thereafter. He complained that his daughter was taken away by Prem Chand, Rakesh and Jai Bhagwan due to previous enmity with the object of committing rape. On 17.3.1998, the girl and accused Prem Chand were found in Noida by the police. After investigation, the police found that the appellants Rakesh and Jai Bhagwan were not involved in the case. Therefore on August 11, 1998, charges were framed only against Prem Chand. On April 15, 1999, PWs 1, 2 and 3 were examined by the prosecution. On May 20, 1999 the prosecutix was examined as PW 4 and her cross-examination had begun, when the Public Prosecutor moved an application under Section 319 of the Cr.P.C. for arraigning the appellants as additional accused. The learned trial Judge, by an ord