( 1 ) THIS appeal is brought from the judgment of the First Addi tional Sessions Judge, Dhanvar in a ease under Sections 363 and 376 of the IPC, wherein sentencing the appellant under S. 363, the learned Sessions judge acquitted him for the offence under S. 376. The prosecution case was, that Shafina Beguam who is decidedly below 18 years is the daughter of Abdul Rehiman and Chandabi and they were living in the town of Dharwar. At about 9 p. m. on 25-3-1974 a boy is stated to have gone to Chandabi in the absence of her husband and he informed her that abdul Rehiman was beaten. Upon getting that news, Chandabi is stated' to have sent Shafina Beguarn to her uncle's place where Abdul Rehiman was supposed to be sitting. Accordingly Shafina Begaum went out and as stated by her the accused Davalsab met her, showed a knife and threatened cria. 407 of 1976 her to accompany him. Thereafter the accused brought Shafina Beguam in a truck and both came to Hubli. After spending the night at Hubli bus land, on the next morning both of them took food at Iqbal Hotel. For the next night they stayed at Ganesha Lodge. From Hubli, the accused brought Shafina Beguam to Dharwar and on 29-3-1974 at about

Click Here to Read the rest of this document