Dave, J.—Both the appeals noted above arise out of the same judgment of the learned Sessions Judge, Udaipur, dated 21.1.58 and therefore they are disposed of together.

2. Appellants Bismillah Khan and Mst. Azizan have both been convicted by the learned Sessions Judge, Udaipur under sec. 366 IPC. but while Bismillah Khan has been sentenced to 5 years R. I. and a fine of Rs 1000/-, Mst. Azizan has been sentenced only to 2 years R. I and a fine of Rs. 50/-.

3. The incident giving rise to this case took place in a locality called Tekri in Udaipur on the 18th of August, 1854.

4. The prosecution case against the appellants is as follows :—

One Mst. Ram Pyari, who was a widow of one Bahadur Singh was living at Tekri. It is said that her deceased husband was a Nepali who had several years back come to Mewar & joined the military service at Udaipur. Even after his death Mst. Ram Pyari who was also a Nepali woman continued to live there She had two daughters, Kamla aged about 16 or 17 years and Laxmi who was about 13 years of age. Kamla was married and she had been to her husbands after her marriage, but at the particular time she had come to her mother at Tekri and was residing with her. Appellant Mst. Azizan was living in the neighourhbood of Mst. Ram Pyari and she was intimately acquainted with all the three. Appellant Azizan told Ram Pyari that she was going to see Jawar Mines and that she may send her two daughters with her. Mst. Ram Pyari agreed to this proposal and so did the two girls. Thereafter on 18.8.54 Mst. Azizan took both Kamla and Laxmi from their house to the bus stand. After reaching there, appellant Azizan introduced appellant Bismillah Khan to Kamla and Laxmi as a Hindu Seth who was going to Jawar Mines She told the girls that she would come by the next bus and that they should accompany him since he is her Daram Bhai, The girls did not agree to accompany him in the beginning, but on Mst. Azizans assurance to the effect that Bismillah Khan would keep them comfortably and they had nothing to worry, they accompanied him. Bismillah Khan then took both the girls to Tidi a place about 20 miles from Udaipur and he kept them at his house. When Azizan did not come to Tidi in the evening, the girls got anxious and Kamla asked Bismillah Khan about her. He assured them hit she would be coming very soon. Bismillah Khan then arranged for food for both the girls and also provided them with two cots inside his house. It is said that on that night (between 18th and 19th August, 1954) Bismillah Khan raped Kamla against her will. Next morning, he was arranging to take them to Dungarpur in a truck. Kamla and Laxmi however did not agree to this. Luckily, at that time P. W. 3 Tayab Ali happened to pass by that place and he told the person incharge of the truck that they were Hindu girls with a Mohamadan and he should not take them other wise he might involve himself in trouble. That fellow there fore did not take the girls with him. Meanwhile somebody whose name has not been disclosed by the Police informed Sub-Inspector P. W. 8 Arjun Singh who was incharge of P. S. Tidi that Bismillah Khan was taking away two girls under suspicious circumstances. He therefore sent one P.W. 6 Lal Singh a literate constable to find out what the matter was. P. W. 6 Lal Singh saw appellant Bismillah and the two girls near the bus stand and he brought all the three with him to the police station, S. I. Arjun Singh thereupon interrogated Kamla and she told him how Mst. Azizan had deceitfully brought her and her sister from their mothers house, how Bismillah Khan was introdused as a Hindu Seth, how he had brought them deceitfully to his house and in what manner she was raped on the last night. He recorded she first information report on the basis of her statement and thereafter he went to appellant Bismillah Khans house and searched the same. He seized some clothes which he found there and which were suspected to be stained with semen. Thereafter, Azizan was also

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