The presence of human spermatozoa on the victim's clothing corroborated her testimony, and the appellants' presence during the rapes, even if they did not actively participate, constituted aiding and abetting under Section 109 IPC.

( 1 ) THIS appeal (Cr. A. 60/85) is connected with Cr. A. 82/85 preferred by co-accused Mushtali, who was also jointly tried along with other accused appellants Nawab, Abbas and Shabbir. Both these appeals, therefore, were heard together and are being decided by a common judgement. Appellants Mushtaque and Nawab have been found to be guilty of offence punishable u/s. 376 IPC, while appellants Abbas and Shabbir have convicted u/s 370/34 IPC and all of them have been sentenced to undergo rigorous imprisonment for ten years. Mushtaque in addition to the above sentence, has also been found to be guilty of a charge under S. 366, I. P. C. and sentenced to undergo RI for three years.

( 2 ) AGGRIEVED by the judgement dated 18-1-85 passed by the Addl. Sessions Judge, Shajapur (Camp Shujalpur) in S. T. No. 80/84, the accused have preferred these appeals.

( 3 ) PROSECUTION case was that Parwati was married to Ramesh of village Dhiglepur. On the date of incident i. e. on 12th of May, 1984, she had a wordy duel with her Jethani (wife of husband's elder brother), her father was also not keeping well. Her husband had also asked her to visit her father at Ujjain if she desired; it was in this stage of mind she came to "mav-Padana" railway station from village Dinglepur to go to Ujjain and purchased a ticket for Ujjain. While she was standing quite unmindful and depressed at the platform the accused Mushtaque approached her and before she had narrated her woes to an old man sitting on the platform, it was through him that she had purchased a ticket for Ujjain. The train was yet to arrive when accused Mushtaque approached her addressing her as is "dharam Bahan" introducing himself as an acquaintance of her husband and his elder brothers. He entreated of her not to go to Ujjain and promised to take her back to Danglepur. It was around 1. 00 p. m. They started for Dinglepur, walking on the railway track, they reached a bifurcation. The accused instead of proceeding towards Dinglepur, took a turn towards the route, going to the forest. The prosecutrix declined, but she was made to go, at the point of knife. As they reached a "nalla" the accused gave her lathi blows. She screamed but there was none to hear her screams. The accused fell her down and committed rape on her at the point of knife.

( 4 ) THE accused forcibly took her ahead. The sun was set by the time they reached a Jamun tree. She was again fell by the accused who forced himself upon her, turning a deaf ear to screams and cries. She was kept under the Jamun tree that night.

( 5 ) NEXT day morning accused Nawab appeared on the scene with Abbas and Shabbir. Around 12, Nawab also committed rape on her and chastised her for her crying and repeated the felony again in the evening. She was beaten up by Nawab.

( 6 ) IN the night accused Mushtaque and Nawab made her lie beside them under the Jamun tree while the other two Abbass and Shabbir kept a watch. It was around 9. 00 p. m. that some villagers including Kailash P. W. 1 (the elder brother of Parwati's husband Ramesh), Dhansingh P. W. 2 came there, searching for Parwati, while others managed to escape. Nawab was caught on the spot. They went to Police Station Sarangpur where Parwati lodged F. I. R. Ex. P. 9.

( 7 ) A case under Ss. 366-376 and 392-34, I. P. C. Was registered. Parwati was sent for medical examination. She was examined by lady Asstt. Surgeon Dr. Smt. Rekha P. W. 8 who gave her report Ex. P. 15. The accused were arrested. They were also medically examined by Dr. Ashok Jain P. W. 5 and Dr. Sisodiya P. W. 9 as per their reports Exs. P. 5 and P. 6 and P. 11, accused Mushaque, Shabbir and Nawab were found to be capable of having sexual intercourse.

( 8 ) AS per medical examination report Ex. P. O, Parwati being a married woman was accustomed to sexual intercourse as such no definite opinion could be given by Dr. Rekha P. W. 8 about rape being committed. On completion of investigation the accused were charged and trie