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 t