1. The case of the prosecution was that on 17-3-76, the appellants and one Jaliya went to the hut of Hukki and kidnapped the minor girl Kamli. When the appellants and the other co-accused were taking away the girl from the house of Hukki certain persons collected on the alarm of Hukki and they took out the minor girl Kamli from the custody of the appellants. It is also alleged that when Hukki and other persons snatched away Kamli from the custody of the appellants, the latter assaulted them and caused injuries. The appellants and the co-accused Jaliya were therefore, charge sheeted for the substantive offences under sections 363 and 366 IPC as well as vicariously with the aid of section 34 IPC. They were also charged for the offence under section 323 read with section 34 IPC. The trial Court acquitted the fourth accused Jaliya of all the charges. However, the present appellants were held guilty for the offences under sections 363/34 and 323/34 IPC for which they were convicted and sentenced as already indicated above. The appellants have, therefore, come to this Court in appeal.

Held : Now it has to be seen whether the offence of kidnapping is proved against the appellan