JUDGMENT - N.P. CHAPALGAONKAR, J.:---By this Criminal Appeal, the convicted accused Nos. 1 and 4 have challenged the order of conviction and sentence recorded against them by the learned Sessions Judge, Ratnagiri, on 7-3-1990 in Sessions Case No. 52 of 1978. Accused/appellant No. 2 is dead and therefore, we have to deal with accused/appellant No. 1 only.

2. It is the case of the prosecution that one Khatija, a minor girl was living with her mother. Accused No. 1 had developed friendship with Khatija. It is also admitted that he had sexual intercourse with Khatija resulting in pregnancy. Khatija is alleged to have been removed from the lawful guardianship of her mother and taken to Bombay, where she is married with accused/appellant No. 1. Accused/appellant No. 4 is alleged to have helped in the kidnapping and subsequent marriage of accused No. 1 with Khatija. It is also alleged that accused No. 4 was holding a power of attorney authorising marriage of Khatija with accused/appellant No. 1. Admittedly Khatija is now living with accused No. 1 as his wife and they have children also.

3. In all six accused persons were charged with the offences under sections 363, 363 r/w. 34, 376 and 366

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