M.L.JAIN, J. - (1.) THIS appeal arises out of the judgment of the learned Additional Sessions Judge. Baran dated 7 -1 -72.
(2.) I have heard the argument and perused the record. The brief facts are that Mat. Tulsa PW. 4 wife of Chhotia Kumhar lost her father and she wag living with her mother in village Kanwarpura, Tehsil Keshorai Patan in District Bundi. She came with her grand -mother to village Medpura, in Tehsil Kishan Ganj, District Koca. There she was for about a month or so and used to work in the fields of her grand -mother. Accused Onkar made advances to her and proposed that since his wife had run away he would be ready to take her us his wife. The proposal did not find favour with her On 2 -6 -71 when she was sleeping in the house of Ram Chandra PW. 5. who is her maternal uncle, she happened to come out in the night about 10 p.m. to urbane Onkar accused and Prabhu were hiding there behind a stone wall. They lifted her and carried her sway forcibly to village Rampuria where Prabhu parted company with Onkar. At Rampuria she was kept in the house of one Mohan Singh and then, taken in the jungle where she remained with Onkar for three days and during that period Onkar committed rape on her. He thus, brought her to a village where they boarded a bus. Prabhu also came there The bus was going to Shahabad. When they reached Samraniya, some one informed the police out -post of Samraniya. borne cons' tables came and interrogated Onkar, Prabhu and Mst. Tulsa. Abul Aziz PW. 2 made cut a report Ex. P 2 and forwarded all the three of them to police station Bhanwargarh where first information report was drawn. Prabhu and Onkar were arrested.
(3.) AFTER medical examination and conclusion of the investigation Onkar and Prabbu were challenged under Section 366 and 376 I.P.C. The learned Magistrate committed them for trial to the court of sessions, where Prabhu was acquitted of both the charges because the learned judge found that the charges were net proved beyond all manner of reasonable doubt He also acquitted Onkar accused of an offence under Section 376 I.P.C. but. be convicted appellants Onkar under Section 363 I.P.C. and sentenced him to rigorous imprisonment for three years and to a fine of Rs. 500/ -. in default whereof to rigorous imprisonment for six months. Hence, this appeal by Onkar.;