Mudholkar, J.

[1] The three appellants Motiram, Kisan and Budhram were tried Jointly before the 2nd Additional Sessions Judge, Amravati, appellants Motiram and Kisan of offences Under Sections 366, 376 and 342, IPC and the appellant Budhram of an offence Under Section 368, IPC Each of the former was convicted of the offences for which he was tried and sentenced to rigorous imprisonment for three years in respect of the offences Under Sections 366 and 376 each and to rigorous imprisonment for four months in respect of the offence Under Section 342, IPC The sentences were ordered to run concurrently. Budhram was convicted of the offence Under Section 368, IPC and sentenced to undergo rigorous imprisonment for six months.

[2] The relevant facts are briefly these: One Smt. Ashabi, a married woman, left her husband's house at Bombay and. came voluntarily to Amravati along with her friend Ramcharan who was In service at Bombay and whose relatives lived in Wadali, a suburb of Amravati. After keeping Ashabi with his relatives Ramcharan returned to Bombay.

[3] According to the prosecution, on 6-7-1952 Motiram and Kisan, who are police constables, went to Jagannath, the uncle of Ramcha