The main legal point established in the judgment is that even if the prosecutrix was a consenting party, the appellants were still held criminally liable for the offenses committed against her.

K.P.S.Sandhu, J.

1. Jagan Nath and Baij Nath appellants stand convicted and sentenced by the learned Addl. Sessions Judge, Ambala, as under:

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Name of the Convicted Sentence

awarded

appellant under Section

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Jagan Nath (i) 376 IPC R.I. for four years.

(ii) 363 read

with

368 I.P.C. R.I. for one year.

Bail Nath (i) 376 I.P.C. R.I. for four years

(ii) 363 I.P.C. R.I. for one year.

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The sentence awarded to both the appellants were ordered to run concurrently. Their co-accused, namely Kulbhusen, who was also concicted under Section 363, I.P.C. in the same trial was given the benefit of probation under Section 360, Cr. P.C. However, he did not choose to prefer any appeal against his conviction.

2 Rajni daughter of Ram Parkash, prosecutrix was studying in Sanatan Dharam School, Ambala City, In 1979, when she was aged about 13 years, she was alleged to have been kidnapped and taken to Chandigarh by her neighbour Devinder Kumar, who also raped her there. Ram Parkash, father of the pro-secutrix brought that incident to the notice of the police but no action was taken on that report.

3. Baij Nath appellant was a tenant in a portion of the house owned and occupied by the father of the prosecutrix. Smt. Rajni prosecutrix had been visiting Baij Nath very often in his room and had been indulging in sexual intercourse with him. This process continued for quite a few months. Smt. Rajni prosecutrix even continued visiting Baij Nath appellant after he shifted to another house and had been indulging in sexual intercourse with him. Resultantly, she became pregnant. They tried for the abortion of the conceived child but in vain. Baij Nath is alleged to have suggested to the prosecutrix that he could persuade his brother Jagan Nath appellant, living in Delhi, to marry her, or that in the alternative she could accompany him to his native village Urdia. District Azamgarh in Uttar Pradesh. On 5th March, 1980 Baij Nath appellant informed the prosecutrix that his brother Jagan Nath appellant was prepared to marry her. At that time Kulbhushan, the third co-accused of the appellants, was also present and joined in the deliberations.

4. On 6th March, 1980 at about 8.30 A. M. while the prosecutrix was going to take her examination for the 7th standard, she was taken to Bus Stand, Ambala Cantt. by Kulbhushan co-accused of the appellants and then taken to Delhi by Baij Nath appellant where she was kept in the house of Jagan Nath appellant. It is further alleged that at Delhi both the appellants committed rape upon her and after about a weeks time Baij Nath appellant again came back to Ambala. Jagan Nath appellant continued having sexual intercourse with her against her will and without her consent. She was then taken by Jagan Nath appellant to his native village Urdia in Azamgarh District (U.P.) where she was kept for two-three weeks and again subjected to sexual intercourse by Jagan Nath appellant. Jagan Nath appellant then left the prosecutrix with Shrimati Gianmati, wife of Baij Nath, at village Urdia. Rajni prosecutrix gave birth to a female child on 10th May, 1980. Howevever the child expired on 11th May, 1980. Baij Nath appellant then brought her back to Delhi from Urdia. It was on or about 12 June, 1980 that Baij Nath appellant again committed sexual intercourse with her in Delhi during the night at the house of his brother Jagan Nath. Baij Nath appellant then took her to Bus Stand at Delhi and made her to board a bus for Ambala City along with a few belongings like an attache case, garments and wrist watch etc. She returned to her fathers house in Ambala on 13th June, 1980 and narrated the entire occurrence to him, who took her to the C. I. A. Staff Police, Ambala City, where a report was already lodged by Ram