1. Appellant-original Accused No.1 Shaikh Mahemood has filed this Appeal against the Judgment of conviction and order passed by IVth Additional Sessions Judge, Aurangabad in Sessions Case No.35 of 1997. Vide the Judgment dated 29th February 2000, the Appellant-Accused No.1 (hereinafter referred as "Accused") has been convicted to suffer rigorous imprisonment for ten years under Section 366 of the Indian Penal Code, 1860 (for short "I.P.C."). He has also been convicted under Section 365 and 376 of I.P.C. but no separate sentence has been passed for those offences. Along with Appellant-Accused, one Shaikh Amin @ Shaikh Raju (Accused No.2) and Bibibegum w/o Yusuf Pathan (Accused No.3) were also prosecuted but those Accused Nos. 2 and 3 have been acquitted of the charges which were levelled against them.

2. In brief the case of prosecution is:-

Accused Shaikh Mahemood and the Accused No.2 Shaikh Raju were managing a brick kiln at Kagzipura. Complainant Parasram was residing at Kesapuri Tanda, TqKhultabad, Dist-Aurangabad and was working as a labourer. His 13 year old daughter (referred in this Judgment as victim "M") along with his brother Laxman used to work on brick kiln which was owned by the brother of Accused Shaikh Mahemood and which was being managed by Shaikh Mahemood.

In the night between 10/04/1996–11/04/1996 victim M went missing, after she had gone to answer call of nature. The complainant and his brother Laxman searched for her. Complainant Parasram filed missing report No.12 of 1996 on 13th April, 1996. Laxman, brother of complainant 23 times had gone to brick kiln to inform that they will not be able to report for work but it was noticed that even Accused Mahemood and Accused No.2 Shaikh Raju were also missing. Thus out of suspicion, first information report dated 19th April, 1996 at Crime No.72 of 1996 at Police Station Chhavni, Aurangabad, which was filed by the complainant Parasram claiming that Accused Mahemood and Raju must have taken away victim M for immoral purpose. Police searched for the victim M. P.S.I. Chavan came to know on 25th April, 1996 that the victim M was at the house of Bibibegum Yusuf Pathan (Accused No.3) at Kaisar colony. He went there with staff and the Accused Mahemood along with Shaikh Raju and Bibibegum (Accused Nos.2 and 3) and the victim M were found there. All the people were brought to the Police Station and the victim M was sent for medical examination to Ghati Hospital. Police seized petticoat of victim on 26th April, 1996. The under-pant of the Accused was also seized. Panchnama in this regard was drawn. Spot panchnama of Sainath Lodge at Parel, Mumbai was conducted on 14th July, 1996 as it was found in investigation that the Accused had kidnapped and taken victim to Mumbai. Police conducted further investigation and according to prosecution, it was found that the Accused Mahemood had forcibly performed registered marriage with victim M at Bandra in Mumbai and also before Kazi. The Accused had sexual intercourse with victim M, repeatedly and had committed rape on her. He had later brought her to Aurangabad and then taken her to Khamgaon and then again brought her back to Aurangabad. Thereafter the Accused had been arrested. The case of prosecution was that in the night of 10th April, 1996 when the victim M had gone for answering call of nature, Accused Mahemood had forcibly taken her in Car to Mumbai and at that time he was accompanied by Accused No.2 Raju and a driver of the Car. The further investigation was completed by the Police. According to the prosecution, victim M was minor at the time of incident. Charge-sheet was filed before the Judicial Magistrate, First Class, Aurangabad. The matter came to be committed to the Court of Sessions.

3. Before the Sessions Court, prosecution brought on record evidence of eight witnesses and other documentary evidence. The Sessions Judge considered the oral and documentary evidence and has convicted the Accused as mentioned above