Judgment :-

A.K. Patnaik, J.

1. These are appeals by way of Special Leave under Article 136 of the Constitution against the judgment dated 21.11.2003 of the Rajasthan High Court, Jodhpur Bench, setting aside the judgment of the trial court convicting the respondents of the offences punishable under Sections 366 and 376(2)(g) of the Indian Penal Code, 1860 (for short ‘IPC’).

Facts

2. The facts very briefly are that on 28.04.1999 Ruliram lodged a complaint at the Bhadra Police Station in District Hanumangarh, stating as follows: There was a marriage of the daughter of his brother Gyan Singh for which a feast was arranged by him on 27.04.1999. His 15-16 years old daughter, who was slightly weak- minded, disappeared. When she did not return for quite some time, he and others started searching her. At about 9.00 p.m., a milkman informed him that he had seen six boys taking away a girl towards Kalyan Bhoomi. About 1.00 a.m. on 28.04.1999, when Ruliram was on a scooter with Gyan Singh still looking for his daughter, he noticed five boys in the light of the scooter near the old dilapidated office building of the Sheep and Wool Department and all the five, seeing the light of the scooter fled.