JUDGMENT

Hidayatullah, J.

1. The appellant Raghunath Singh was tried with six others for offences under Ss. 366/368 and 376 of the Indian Penal Code by the Additional Sessions Judge of Tikamgarh and was sentenced to rigorous imprisonment for ten years for the offence of rape and for five years for the other offence. The sentences were to run concurrently. On appeal to the High Court of Madhya Pradesh, his conviction and sentence for rape were set aside but his conviction under Ss. 366/368, Indian Penal Code and the sentence of five years, rigorous imprisonment passed on him were maintained. He now appeals by special leave of this Court.

2. One Mst. Parvati, daughter of Sukku was the prosecutrix in the case. Her age has been found by the High Court to be not below 16 years and not above 18 years. The prosecution case is as follows: On the night between the 3rd and 4th September, 1963, Mst. Parvati was returning at about midnight after answering a call of nature when Bharosa and Acchelal (co-accused of the present appellant) accosted her and told her that Mst. Ladkunvar, the mistress of appellant Raghunath Singh, had sent for her. Mst. Parvati at first did not wish to go but on being as