Judgment :

This appeal arises out of the following facts: On 7th February, 1999 at about 4.00 p.m. the prosecutrix-PW.6, the daughter in law of the first informant, went out of the village for grazing her goat. As she did not return for some time it was thought that she had gone to visit her mother, but when she did not return even the next day, the family set out in search of her but could not find her. They however ascertained that the appellants herein, Jai Krishna Mandal and Munna Das were also missing from the village from 7th February 1999. The two appellants however returned to the village on the 11th February, 1999 and were duly interrogated by the villagers on which they admitted that they had kidnapped the prosecutrix and kept her in village Maheshadih. A case under Sections 366 and 376 was accordingly registered against the two. The prosecutrix also returned to the village on 16th February, 1999 and her statement under Section 164 of the Cr.P.C. was recorded wherein she stated that she had gone out of the house at 10.00 a.m. to graze her goat and as she came out of the village the two appellants and Shanker Singh-a third co-accused, absconding, had caught hold of her and