HEMANT GUPTA, CJ.

1. The present appeal by the State is against an order passed by the learned Sixth Additional Sessions Judge, Bhopal in Sessions Trial No.357/1998 acquitting the respondents for the offences under Sections 366, 376(2)(g) of the Indian Penal Code, 1860.

2. The learned Trial Court returned a finding that there is no reliable evidence on record regarding kidnapping of the prosecutrix and forcible intercourse with her. The learned Trial Court further found that the only evidence which is available on record is that the prosecutrix was found with the accused and even if the accused have committed intercourse, it is with her consent, as she was more than 18 years of age. The prosecutrix was taken in a car but the fact that she has not objected to go with the accused in car shows her consent in having relationship with the accused.

3. The prosecution was initiated on the basis of the statement of the prosecutrix “M”, aged about 18 years given to PW-14 SHO-Manoj Sharma at 0.10 a.m. on 18.10.1998 on the basis of which an FIR (Ex.P-23) was lodged for the offence punishable under Sections 366 and 376(2)(g) of the IPC. The statement is that on 17.10.1998, at about 6.00 p.m. she has gone with her brother to Vegetable Market. Her brother is working in the tea-shop of Manoj Kushwaha. After meeting her brother, she was standing at bus stand at about 7.00 p.m. to take Mini-bus to reach her house. At that time, two boys alighted from a blue-colour Maruti car, who gave their names as Mohammad Shahid and Mohammad Shamim and said that they know her brother. They disclosed the name of her brother as well and said that they will drop her home. Believing their statement, she sat in their car. When the car crossed Patra bridge then these people sped away the car. She objected, but they closed the glass window panes. They threatened her and told her to keep quiet. They kept moving in the city for some time. After some time, they went to Raisen Road and took a road, which was going towards an agricultural land. Under threat, Shahid and Shamim, in turn, raped her in the car. On way back, their car got stuck on the Kaccha path. They threatened her not to raise any noise and tried to seek help to take out the car from the soft ground. They stopped a Mini bus. Some people from the bus and the policemen came to the spot. She told them entire story and was brought to the police station. She disclosed the car number as MP09-HB-1927.

4. On the same day, at about 5 a.m. she was medico-legally examined by Dr. Sushma Nigam (PW-11). The report is Ex.P-20. There was old-ruptured hymen and that she was habitual to sexual intercourse as per the said report. The vaginal slides were prepared. The accused were arrested on 18.10.1998 at 1.55 am vide arrest memo (Ex. P-14). Accused Mohammad Shamim suffered a disclosure statement (Ex. P-15) at 00.40 am on 18.10.1998 that he can get his underwear recovered which is kept near the rear seat of car number MP09-HB-1927, which is standing on Raisen road on the Kaccha portion of the road. Ex. P-17 is the recovery memo of the underwear of the accused Shamim taken out by him from the rear seat of the car. Accused Mohammad Shamim in Ex. P-8 addressed to Medical Officer, Central Jail Hospital, Bhopal, inter alia, stated that an unknown girl aged about 18-19 years asked for lift from them. She stated that if Rs.1000/-are not paid, she will raise hue and cry. When they turned car back, the car got stuck in the agricultural field. In the meantime, 3-4 constables alighted from a passenger bus and took them to police station. They denied doing anything wrong with the girl and that they have not taken bath and nor changed the clothes.

5. Accused Mohammad Shahid suffered a disclosure statement (Ex. P16) at 00.35 am on 18.10.1998 that he can get the documents of his car bearing registration No. MP09-HB-1927 recovered from the glove box of the car which is standing on Raisen road on the Kaccha portion of the road. Ex. P-