1. - In the present matter, there were three accused-persons before the trial Court viz. (1) Hanuman Ram, who was charged for offence punishable under Sections 147, 323, 366 and 376 I.P.C.; (2) Rana Ram and (3) Joga Ram, who were charge for offence punishable under Sections 147, 323 and 366 I.P.C. Accused Hanuman Ram was acquitted of the charge of commission of offence under Sections 147, 323, 366 and 376 I.P.C. by the trial Court while convicted accused-appellant Rana Ram under Section 366 I.P.C. and accused-appellant Joga Ram under Sections 323 and 366 I.P.C. However, during pendency of present appeal, accused-appellant Joga Ram son of Moti Ram died on 4.4.2006 and hence, appeal proceedings qua him were terminated vide order dated 19.10.2011 passed by this Court. In this manner, now present appeal stands only on behalf of accused-appellant Rana Ram son of Khuma Ram.

2. Heard the learned counsel for the surviving accused appellant Rana Ram as well as learned Public Prosecutor.

3. Present appeal under Section 374 Cr.P.C. is directed against the judgment dated 21.2.1990 passed by learned Sessions Judge, Jodhpur in Sessions Case No. 179/1987, convicting the present accused-appellant Rana Ram under Section 366 I.P.C. and sentencing him to undergo two year's imprisorunent along with fine of Rs. 50/-, in default of payment whereof to undergo further one month's rigorous imprisonment.

4. The concise facts of the case are that on 10.7.1987 a written report (Ex.P-1) was submitted by Smt Sukhiya W/o Nena Ram and Nena Ram before the Dy. S.P. (Rural), Jodhpur, inter ilia, alleging that they are resident of Jatawas Dhani in village Jhanwar. On 8.7.1987 they went in the village Jhanwar to work in the marriage of Puna Ram. When they returned, their elder daughter Phooli (PW-1) told that after them at around 9 O'clock Rana Ram S/o Khuma Ram resident of Jhanwar, Joga Ram S/o Moti Ram resident of Feench and Gajra W/o Rana Ram Nai of Village Jhanwar came in jeep along with 7-8 persons, who all were armed with lathis, 'dhariya' and 'jamiya' and they forcibly abducted and took away her sister Shanti Devi wife of Jagdish Nai (PW-9) from her house.

5. At that time Shanti Devi was wearing silver ornaments-'kadlas' in her feet, 'bor' on the forehead and 'tops' in her ears. Rana Rain, Joga Ram and other persons who came with them tied the mouth, hands and legs of Shanti Devi with 'safas' (long cloth worn as turban) and forcibly put her in the jeep. She (Phooli Devi) tried to rescue her sister but Joga Rain Nai gave her beating. Those persons also forced her younger brother-Bhera Ram (PW-4) to sit a corner by giving him threat to kill.

6. It is also stated that she along with his husband - Nena Ram, whose mental state is not good, went to report in the Police Station at Jhanwar but the report was not registered and hence, report is being presented before the Dy. S.P. (Rural).

7. The aforesaid written report (Ex.P-1) was forwarded to the Police Station, Jhanwar, which reached there at 8 PM in the night and on the basis of this report, F.I.R. No. 27/1987 (Ex.P-9) was registered for commission of offence under Sections 366 376, 452, 147, 148, 149, 323 I.P.C. Investigation in the matter was conducted by the then ASI Bhanwar Singh (PW-12), Police Station-Jhanwar. On 13.7.1987, abducted lady Smt. Shanti Devi (PW-9) was recovered from house of accused Hanuman Ram vide recovery memo Ex.P-2, who stated forcible abduction from house of her father and also alleged commission of rape by accused-Harriman Ram. Accused persons-Harriman Ram, Rana Ram and Joga Ram were arrested (Ex.5, Ex.6 and Ex.7) and accused-Joga Ram submitted silver 'bor' and silver 'kadlas' to the Police (Ex.P-8)

8. On 14.7.1987 prosecutrix Smt. Shanti was medically examined by Dr. B.P. Gupta vide Ex.P-12, who opined that she is habitual to sexual intercourse and as regard recent intercourse, opinion will be given on receipt of chemical analysis. As regard age. she was examined on 15.7.1987 by R