The central legal point established in the judgment is the requirement of knowledge of kidnapping or abduction to establish guilt under section 368 Indian Penal Code, and the consideration of evidence and complicity in the commission of offences.

Judgment

A. S. ANAND

( 1 ) THESE two appeals by special leave are directed against the judgment of the high Court of Patna dated 5/1/2000 whereby appellants Puran Singh and his wife Lakhbir Kaur (crl. appeal no. 622/ 2000) were convicted for an offence under section 368 Indian Penal Code and sentenced to undergo five years RI each and to pay a fine of Rs. 500. 00 each and in default of payment of fine to further undergo RI for six months. Appellant Kamlesh Puryank (crl. appeal no. 976/2000) was convicted for offences under section 366 and 366- a Indian Penal Code and sentenced to undergo Rl for 8 years and to pay a fine of Rs. 3. 000. 00 on each of the two counts. Both the substantive sentences were directed to run concurrently and in default of payment of fine appellant was required to undergo rl for a further period of two years.

( 2 ) IN short, prosecution case is that on 8/2/1989 informant PW-8 then aged about 15 years and studying in matriculation class had gone to the house of her brother to watch a marriage ceremony taking place in the neighbourhood of her brother. After watching the marriage ceremony, while she was returning home, appellant Kamlesh Puryank invited her to have a look at his paintings. On being so allured, she went to his house to see the paintings and while she was in the process of seeing the paintings, one Narendra singh appeared there with a mask and caught hold of her. It is further the case of the prosecution that the informant was confined to a room and made to swallow a tablet by said Narendra Singh, who was identified by her when his mask fell off during scuffle. She was also administered an injection where-after she became unconscious. On regaining consciousness she found herself at a different place. The mother, sister and a daughter of the sister of Narendra Singh were present at that place. The informant remained there for about 10-12 days. According to her, narendra Singh forcibly smeared vermilion on scalp and pronounced that he had married her. She was then taken in a white car to Haidargarh in Uttar Pradesh. It is also the prosecution case that the house where she was taken in haidargarh Sardar Puran Singh and his wife (appellants in crl. appeal no. 622/ 2000) were living. The room in which the informant was confined at the house of puran Singh had its windows covered with plastic sheets by Puran Singh. She stayed for about 5 months in that room, where according to the informant PW-8 narendra Singh committed rape on her on several occasions. From Haidargarh, the informant was taken to Jagrawan in district Ludhiana to the house of an advocate where again she was confined to a room and Narendra Singh had sexual intercourse with her against her wishes. It was at Jagrawan that her brother sahendra Singh (PW-7) along with his two friends arrived followed by Kamlesh puryank (appellant in crl. appeal no. 976/ 2000 ). on 27/09/1989. They took her back to her house reaching there on 28/09/1989. Her statement was recorded on 4/10/1989 on the basis of which a first information report was registered at Dehri police station. After completion of investigation, the appellants as well as Narendra Singh were charged for commission of offences under sections 366, 366-A, 376 and 368 indian Penal Code. Narendra Singh however, absconded and was not put up for trial. At the trial, the prosecution examined 11 witnesses besides the informant PW - 8, her brother and mother. After recording evidence, the trial court convicted the appellants for various offences as already noticed. Their appeal against conviction and sentence in the High Court failed. Hence these appeals by special leave.

( 3 ) WE shall first take up the case of appellants Puran Singh and his wife Lakhbir kaur (appellants in cri. appeal no. 622/ 2000 ). The entire evidence against them revolves around the statement made by the informant PW-8. According to her, she was taken to Haidargarh in a car by narendra Singh who was accompanied by his mother a