JUDGMENT

Rajendra Babu, J.-Delay in filing special leave is condoned.

2. Leave granted.

3. The prosecution case is that on 5.6.1997 PW 1 - Shahnaz Bano along with her daughter Sabana Bano - PW 22 went to Jaswant Talkies at Nagpur to watch matinee show which was over by 3 p.m.; that as the said PW 1 and PW 22 emerged out of the theatre, the appellant, who was going on road on a scooter No. MFW 9252 Bajaj Super, having seen them, is stated to have stopped the scooter and offered to give lift to them on his scooter upto their house; that when PW 1 declined to accept his offer, the appellant is stated to have threatened PW 1 that he would kill her by pointing out a knife at her; that on account of the fright created by the appellant, PW 1 is stated to have gone with him on his scooter along with her daughter PW 22; that PW 1 and PW 22 were thereafter taken to a Lodge owned by PW 3 - Smt. Shabha located in Buldi area and on reaching that place the appellant is alleged to have held the hand of PW 1 and started taking her towards a room inside the Lodge; that the son of PW 3 started closing the door of the room from outside allegedly on the direction of the appellant and on seeing this PW