The credibility of the prosecutrix's statement is crucial in cases of alleged kidnapping and rape.

Sunil Kumar Garg, J.-This appeal has been filed by the accused-appellants against the Judgment and order dated 26-2-1999 passed by the learned Sessions Judge, Udaipur in Sessions Case No. 13/99 by which he acquitted the accused Anna Kunwar and Prem Kunwar of the charge for the offence under Section 376/114,

I.P.C. and alsoacquitted accused-appellant Arjun Singh of the charges for the offence under Sections 366 and 363, I.P.C. and also acquitted accused-appellants Kishan Singh and Onkar Singh of the charge for the offence under Section 363, I.P.C., but convicted the present accused-appellants Kishan Singh and Onkar Singh of the charge for the offence under Section 366, I.P.C. and Arjun Singh of the charge for the offence under Section 376, I.P.C. and sentenced them in the following manner:--Name of accused- appellantsConvicted under section Sectence awarded

1. Kishan Singh 2. Onkar Singh 3. Arjun Singh Five years RI and to pay fine of Rs , /-1,000 . in

366, IPC 376, IPC default of payment of fine, of further undergo six months RI Ten years RI and to pay fine of Rs. 2,000/-, in default of payment of fine, to further undergo one year RI.

2. It arises in the following circumstances: -Name of accused- appellants Convicted under Sentence awarded section On 31-10-1998 at about 5.30 p.m., P.W. 3, Santosh Kunwar w/o Amar Singh (P.W. 4) lodged a written report Ex. P/2 in the Police Station Goverdhan vilas District Udaipur stating inter alia that P.W. 1 Manju Kunwar (hereinafter referred to as the prosecutrix) is her sister and she came to her village Matun on 20-10-1998. It was further stated in the report that on 29-10-1998 at about 7.00 p.m., accused-appellant Kishan Singh came to her house and told her that her mother Bhanwar Kunwar, who was residing at Bheem, was not feeling well and her mother had called pro secutrix P.W. 1 Manju Kunwar. It was further stated in the report that accused-appellant Kishan Singh further told that her Tau accused-appellant Onkar Singh) would also go to

Bheem by vehicle at 8.00 p.m. and placing reliance on accused-appellant Kishan Singh, P.W. 3 Santosh Kunwar sent prosecutrix P.W. 1 Manju Kunwar with him and at the time when prosecutrix P.W. 1 Manju Kunwar was sent with accused-appellant Kishan Singh, her mother-in-law Gulab Kunwar and Jethani kailash Kunwar were also there. It was further stated in the report that she had come to know that both accused appellants Kishan Singh and Onkar Singh did not take prosecutrix P.W. 1 Manju Kunwar to Bheem, but they took her to village Tanna Bhagal, where prosecutrix P.W. 1 Manju Kunwar was compelled to marry with accused-appellant Arjun Singh and at that time, prosecutrix P.W. 1 Manju Kunwar was only 13 years of age and thus, she was minor. It was further stated in the report that prosecutrix P.W. 1 Manju Kunwar was compelled to marry with accused-appellant Arjun Singh against her will. On this report, police registered the ease and chalked out regular FIR Ex. P/3 and started investigation. During investigation, prosecutrix P.W, 1 Manju Kunwar was got medically examined by P.W. 2 Dr. G.L. Dad and her medical examination report is Ex. P/i. The accused-appellants Onkar Singh and Arjun Singh were arrested on 15-11-1998 through arrest memos Ex. P/7 and Ex. P/8 respectively and accused-appellant Kishan Singh was arrested on 15-12-1998 through arrest memo Ex, P/9. After usual investigation, police submitted challan against the present accused-appellants and two more accused, namely, Anna Kunwar and Prem Kunwar in the Court of Magistrate, from where the case was committed to the Court of Session. On 22-1-1999, the learned Sessions Judge, Udaipur framed charges for the offence under Sections 363, 366 and 376, I.PC. against the accused-appellant Arjun Singh; for the offence under Sections 363 and 366, I.P.C. against the accused-appellants Onkar Singh and Kishan Singh; and for the offence under Section 376/114,

.I.P.C. against accused Prem Kunwar and Anna Kunwar. T