Kalyan Dutta, J. - (1.) This is a jail appeal filed by Narain Singh and Nihang Singh against the judgment of the Additional Sessions Judge, Ganganagar dated 25-9-76 by which the appellant was convicted under sections 366 and 354 I. P. C. and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 500/- in default of payment of fine to further suffer rigorous imprisonment for 4 months on the first count and on the second to undergo rigorous imprisonment for one year only. The sentences of rigorous imprisonment on both the counts were, however, ordered to run concurrently.
(2.) The prosecution case against the appellant was as follows:-
(3.) Mst. Anchi daughter of Gopiram Nayak used to live with her mother and brother in village Jodkiya. In the month of March, 1976 she was a minor girl of about 12 or 13 years of age. Her mother and brother were labourers, who used to work at Jodikiya-minor as employees of Hetram Bishnoi. In the night of 4th March, 1976 Mst. Anchi was sleeping alone with her mother and sister in the court yard of their thatched house. The appellant came there lifted up Mst. Anchi and kidnapped her to Jaitsar Railway Station. The minor girl began to weep, but she was scolded by the appellant, and so out of fear she kept quite. At Railway Station Jaitsar the appellant offered Rupees 5/- to her and asked her permission to have sexual intercourse with her. The girl again began to weep when the appellant manhandled her. At that time the train arrived at the Railway Station.The appellant and the girl boarded the train which was going to Ganganagar, In the way at Railway Station, Karanpur, Birbalram Constable on seeing the appellant and the girl sitting together in a compartment suspected some foul play and made necessary enquiries from the appellant and the girl as to their whereabouts. The appellant told the constable that the girl was his sons wife. The constable disbelieved the appellant as the appellant was wearing a Punjabi dress and the girl had Marwari garments on her body. Birbalram then repeatedly questioned the girl as to her name and address. Mst. Anchi then disclosed to Birbalram that she had been kidnapped by the appellant from her house and that the appellant offered Rupees 5/-to her for obtaining her permission to have sexual intercourse with her. The constable then took the appellant and the girl to police station Ganganagar. Tekchand recorded the statement of the girl and sent it to police station Vijay Nagar for registration of a Criminal case under Section 363, 376 read with sec. 511 I. P. C. The incharge police station Vijay Nagar, registered the case on the basis of the statement of the girl and started investigation. Mst. Anchi was sent for medical examination as to her age. She was medically examined by Dr. S. S. Baxi, who estimated her age to be between 14 and 15 years on the day of medical examination. Her elbow and wrists joints were x-rayed by Dr. S. S. Bhargava, who also found her age to be 14 to 15 years on the basis of Radiological examination, After collecting other necessary evidence in the case, the police filed a charge-sheet against the appellant in the Court of Judicial Magistrate, Raisinghnagar, under sections 366, 363 and 354 I. P. C. The learned Judicial Magistrate, upon finding a prima facie case exclusively triable by the Court of Sessions, committed the appellant to the Court of Sessions Judge, Ganganagar, who transferred the case to the Court of Additional Sessions Judge, Ganganagar for trial.;