Arun B. Saharya,j.

( 1 ) THIS appeal was filed by Raghbir Singh and Bhuro against their conviction and sentence under Section 376 and Section 366, Indian Penal Code respectively by a judgment and order dated 21st of October 1976 of Shri Joginder Nath, Additional District and Sessions Judge, Delhi. During the pendency of the appeal, Raghbir died on 8th of October 1982. So, the appel survives only in respect of Bhuro I would, therefore, deal with such facts as may have a bearing upon Bhuro s case.

( 2 ) ON 24th of May 1971 at 9. 25 p. m. . Asha Ram Public Witness -2 reported to the police station Rajinder Nagar, that while he and his wife were away to work, their minor daughter Urmila, aged about 15 years, went out to the jungle at about 1. 30 pm. to ease herself. From there, without his consent, she was enticed away by the Raghbir. who was living in the neighbourhood. He and his wife Kirpa Devi, Public Witness 5 learnt about this from some ladies living near-by. They searched for Urmila, but could not find her. On this information. FIR FX Public Witness -D/a was registered against Raghbir undersection 363, Indian Penal Code Ultimately. Urmila and Raghbir were spotted at Meerut and were brought to Delhi on 28th of May 1971.

( 3 ) ACCORDING to the prosecution, accused Bhuro met Urmila on the way when she was returning home. She took Urmila inside a hut (in common parlance called a jhuggi ). Ragbir was already there. Bhuro went out. Raghbir overpowered Urmila. She raised hue and cry. Raghbir flashed out a knife, threatened to kil her, gagged her and committed sexual intercourse without her consent. Then, at the point of the knife, he brought her out of the jhuggi, stopped a scooter-rickshaw and forced her to sit in it. He took her to his uncle s shop at Connaught Place, borrowed Rs. 10. 00 from him and then proceeded to Kashmere Gate Bus Stand. From there, he 073 carried her off by bus to Meerut. At Meerut, he took her to the house of his father s sister. He told his bhua that Urmila was his cousin sister and and that they had come after taking a dip in river Ganges. Next morning he took her to his sister s house, and on the next day to the house of his second sister. At each place,at night, Raghbir threatened Urmila with the knife and raped her. From Meerut, Raghbir brought Urmila to the house of his maternal uncle at Delhi. Malkhan, father of Raghbir, and two other persons came there. Urmila bagged of them to take her to her home. Malkhan told her to stay-put. They discussed about solemnization of their marriage in Court. After this discussion, Malkhan gave Rs. 150. 00 to Raghbir He brought her to Paharganj Railway Station. They spent the night out there. Next morning, they boarded a train and returned to Meerut, Further, according to the prosecution, Kanhaya Lal Public Witness 3, Uday Bhan P. W. 10 and Harpai, who also were residing in the neighbourhood, knew Urmila was missing. They came to know that she had come to Sat Nagar in Delhi. They went there to look for her and learns that Raghbir and Urmila had left for Meerut. So they also rushed to Meerut. There they spotted the two of them going together in a cycle-rickshaw towards the Courts. They persuaded the due to accompany them to Delhi on the pretext that they would ask Urmila s father to marry her to Raghbir. At Delhi, they reached Rajinder Nagar police station. Asha Ram was called. He took away Urmila. Raghbir was arrested.

( 4 ) RAGHBIR, his father Malkhan, and Bhuro were prosecuted. Raghbir was charged under Section 376, Indian Penal Code for raping Urmila. Malkhan and Bhuro were charged under Section 366, Indian Penal Code for kidnapping her with intent or knowledge that she may be forced or seduced to have illicit intercourse with Raghbir.

( 5 ) THE trial Court acquitted Malkhan. The Court convicted Raghbir and Bhuro on the charges against them, and sentenced them to undergo rigorous imprisonment for two years and one year respectively.

( 6 ) IN the impugned judgme

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