The weight of the prosecutrix's evidence in cases of sexual assault and the absence of a legal requirement for corroboration, as well as the interpretation of the elements of abduction and rape under the Indian Penal Code.

JUDGMENT - B.U. WAHANE, J.:---This appeal is directed against the judgment and Order passed by Shri D.U. Khan, Addl. Sessions Judge, Nagpur on 9th April 1987, in Sessions Case No. 220/1984, convicting both the accused (appellants) for the offence pubnishable under section 366 of I.P.C. and sentencing them to undergo R.I. for one year and to pay a fine of Rs. 100/- each in default of payment of fine each of the accused shall undergo R.I. for one month. The appellant/accused No. 1 further convicted for the offence punishable under section 376 of I.P.C. and sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 300/-, in default of payment of fine to undergo further R.I. for 3 months.

2. Both the appellants/accused were chargesheeted and tired for the offence punishable under sections 366, 376 of I.P.C. for kidnapping Smt. Ranjana W/o Liladhar or abducting Srimati Ranjana w/o Liladhar with intent that she may be forced or seduced to illicit inter-course and committing rape on her.

3. The facts giving rise to the prosecution are as follows :---

The prosecutrix Smt. Ranjana w/o Liladhar (P.W. 11) is originally resident of Uran in Raigarh District. She was residing there with her parents. The appellant/accused No. 1 Shivaji is wellknown to Smt. Ranjana as his house being just near the house of her parents. The accused No. 1 Shivaji is also a resident of Uran. It is also transpired from the evidence that the accused No. 1 Shivaji had occupied the house of Smt. Ranjana's paternal uncle as a tenant. The appellant/accused No. 2 Eknath is a resident of Nashik and a friend of appellant/accused No. 1 Shivaji.

It is transpired in the evidence of the prosecutrix Smt. Ranjana that she being in love with one Krishna for the last 2 years who was residing at Banglore, she left her parent's house on 23-5-84. At Uran she met the accused No. 1 Shivaji and requested him to reach her to Panvel. He acceded her request and reached her to Panvel on his motor-cycle. From there the prosecutrix had gone to Bombay to catch the train or bus bound for Banglore. She halted at Dadar as no train was available for Banglore. She went to Pune by S.T. Bus. At Pune too there being no direct Bus for Banglore she went to Railway Station. She purchased a ticket for Banglore but her train was scheduled for Banglore in the mid-night. She happened to meet Shri Liladhar on the Railway Platform who extended help and co-operation to the prosecutrix. At Railway Station she narrated her story to Shri Liladhar and also informed him that two goondas are following her.

Apprehending danger to her life or honour at the hands of goondas, Shri Liladhar asked her to accompany with up to Bhusawal from where he will board her in the train for Banglore. Liladhar also informed her that he is proceeding to Nagpur and Bhusawal is on the way. As Nagpur bound train came earlier than Banglore bound, she accompanied with Liladhar.

At Bhusawal, Liladhar made enquiries whether any train goes to Banglore as well as its, scheduled time to proceed. However, the prosecutrix and Liladhar were informed that no train goes from Bhusawal to Banglore. Shri Liladhar requested her to accompany with him to Nagpur from where she would be in a position to catch the train for Banglore. As the prosecutrix also found her life safe in the company of Liladhar, she went to Nagpur along with him. Both reached at Nagpur on 24-5-84 at 4 or 5 p.m. Banglore train was in the mid-night. She purchaseda ticket. But as the departure of Banglore bound train was in mid-night, Liladhar requested the prosecutrix Smt. Rajana, instead of sitting on the platform till mid-night, to accompany with him to sister's house which is at Moti-bag Nagpur. Thus, she accompanied Liladhar and gone to the house of Liladhar's sister. The prosecutrix instead of going to Banglore she stayed for the whole night in the house of Liladhar's sister. On the next morning, the uncle of Liladhar came to the house of his sister and after some talk, put a

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