Sabina, J. - (1.) Vide this order above mentioned two appeals would be disposed of as they have arisen out of the same FIR.
(2.) Appellants had faced trial in FIR No. 46/2006 registered at Police Station, Khetri Nagar, District Jhunjhunu qua commission of offence punishable under Sections 363, 366 and 376 of Indian Penal Code, 1860 (herein after referred as IPC). Prosecution story in brief was that the prosecutrix aged about fifteen years was a Bengali girl. Appellant Subhash on the pretext to perform marriage with her, brought her to his village. Prosecutrix stayed with the appellant Subhash for two months. Appellant Subhash on the promise that he would perform marriage with the prosecutrix raped her. Appellant Subhash however, did not perform marriage with the prosecutrix and told her that he would perform her marriage with a blind teacher, who was having lot of money and in this way, prosecutrix would get lot of money. About three days prior to the registration of FIR, prosecutrix was left by appellant Subhash in the house of appellant Sumundra Singh. Prosecutrix averred in her complaint that she did not want to perform marriage with the teacher and wanted to return to her village and live with her parents.
(3.) After registration of FIR, statement of the prosecutrix was recorded under Section 164 Code of Criminal Procedure, 1973 on 04.04.2006.;