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 a

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