JUDGMENT :- This appeal is at the instance of the three appellants who are convicted by the trial Court for offences under Sections 363 and 366 read with Section 34 of the Indian Penal Code. Appellant/accused No. 1 -Vishnu Parameshwar Yadav additionally has been found guilty for the offence under Section 376 of the Indian Penal Code.

2. Originally, in all four accused persons came to be tried on the allegation that on or about 15th day of August, 1990, at about 7-O' clock, they kidnapped the prosecutrix, a minor girl about 15 years old from Sudamnagar, Nagpur as also from the lawful guardianship of her parents. It was alleged that this kidnapping was with the intent that she may be compelled to marry any person against will, or may be forced to illicit intercourse.

3. Charge against the accused No. 1 was specific that he committed rape on the said girl on or about 17-8-1990 and therefore, committed an offence under Section 376 of the Indian Penal Code.

4. The accused persons as also the prosecutrix are the residents of Sudamnagar, Nagpur. Original accused No. 4 was the husband of appellant accused No. 3, while the other two appellants/accused are also belonging to the same caste and are near relations of accused Nos. 3 and 4. At the relevant time, the proserutrix was living with and in the custody of her parents who lived in Sudamnagar, Nagpur. Her mother, Smt. Sudha, who is examined as P.W. 1 runs a grocery shop at some distance from her residential house, while her father worked in an Automobile shop. The prosecutrix is the eldest amongst the three sisters, her two other sisters being Ku. Swarna aged about 13 years and Ku. Manisha aged about 11 years. At the relevant time, prosecutrix was studying in 10th Standard in Maharashtra Adhyayan Mandir, Gandhinagar, Nagpur. The accused persons, who were residing together, knew the family of the prosecutrix and were on the visiting terms with each other. The prosecution case is that on 15th August, 1990 at about 7-O' clock, prosecutrix left her house for going to school for attending the flag-hoisting ceremony. Before that, appellant/accused No. 2 - Ravindra had come on the previous day to her house to enquire as to whether she was going to the school for flag-hoisting day or not. He also took his meals and told her that he was going away to his native place by the night train. While she was on her way to the school on 15th August, 1990, accused Nos. 1 and 2 carne in an auto-rickshaw and stopped her while she was crossing Gandhinagar ground and told her that accused No. 3 - Rajkumari was calling her and insisted upon her to accompany them. They forced her to sit with them in the auto-rickshaw and they took her to Nagpur Railway Station where she found that accused No. 3 was also there. All the four of them boarded the train and went to Itarsi where they reached in the evening. Thereafter, all of them went to the house of the parents of accused No. 3. There some rituals were performed by accused No. 3. She was made to wear one Sari and also put Mayuri (red colour) on her feet. The prosecution further alleged that thereafter the accused Nos. 1 and 2 took her to the Railway Station and they went to Allahabad by train where they reached next day, i.e., on 16th August, 1990, in the afternoon. It is the further case of the prosecution that then the accused No. 1 and prosecutrix sat in a train bound for Patna and accused No. 2 went back and. returned to Itarsi. It is the further case of prosecution that in Patna, accused No. 1 stayed with her in one Lodging and Boarding House where he committed rape on her on 3 or 4 occasions. After two days, both of them left Patna and reached Nagpur in two or three days' time. The accused No. 1 took her to Sai Mandir by an autorickshaw where they stayed for 2 to 3 hours. From there they went to Tajbag shrine where they stayed throughout the night, and on the next day, they went to Hanuman Mandir of Rajabaksha area where the friends of accused No. 1 informed

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