B.N.P.Singh, J.

1. Appellants along with one Kumari were charged for the offence under Secs. 323, 447 and 304 of the Indian Penal Code (IPC). However, trial Court on appreciation of evidences placed on record, while acquitted Kumari of all the charges, acquitted Shankar Sahni and Reshmi of the charges under Sec. 304. IPC. The trial Court found Jaddu Sahni guilty under Secs. 304, 323 and 447. IPC for which he was sentenced to suffer Rigorous Imprisonment for four years under Sec. 304, IPC. As for conviction under Sec. 323, IPC, he was sentenced to suffer imprisonment for 15 days and for his conviction under Sec. 447. IPC, no sentence was imposed on him. Along with Jaddu Sahni. Shankar Sahni and Reshmi also suffered conviction under Secs. 323 and 447, IPC. However, trial Court instead of sentencing Shankar Sahni and Reshmi to any substantive Imprisonment, released them on admonition under Sec. 3 of the Probation of Offenders Act. In case of Jaddu Sahni, both the sentences were directed to run concurrently.

2. Shorn of details, prosecution case was that at about 10 a.m. on 26th July. 1988, while Bujhawan Baitha (PW 6) was sleeping with Sheela a minor girl aged about 2-1/2 year