Honble GARG, J.–This appeal has been filed by the accused appellants against the judgment and order dated 16.2.1987 passed by the learned Addl. Sessions Judge, Nagaur in Sessions Case No. 24/1985 by which he convicted the accused appellants for the offence under Secs. 366 and 354 IPC in place of 376/511 IPC and sentenced in the following manner:-

Name of accused appellant Convicted u/Sec. Sentence awarded to each accused appellant

1. Shoukat 2. Harun 366 IPC Four years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo RI for two months.

354 IPC Two years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo RI for two months.

Both the substantive sentences were ordered to run concurrently.

(2). The facts giving rise to this appeal, in short, are as follows:-

On 27.5.1985 at about 12.30 PM, PW1 Rampyari (hereinafter referred to as the prosecutrix), aged 35 years, who was Nurse (ANM) in the Primary Health Centre, Basni District Nagaur lodged a written report Ex.P/1 before the Chief Medical & Health Officer, Nagaur through proper channel and thus, presented through PW5 Dr. S.S. Purohit, who was Medical Officer & Incharge of Pr

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