P.D.KUDAL, J. - (1.) THIS is a criminal appeal against the judgment of the learned Additional Sessions Judge, Dholpur, dated September 4, 1976, where by the accts d appellant was convicted and sentenced under Section 368 and 373 I.P.C. to three years' and five years' rigorous imprisonment with a fine of Rs. 1,000/ - on each count, in default of payment of fine to further rigorous imprisonment for six months on each count.
(2.) ACCUSED Mangal Singh and Naresh were tried for offences of buying and obtaining possession of minor girls Km. Shanti alias Sharda and Km. Radha for the purpose of prostitution and for wrongful selling or keeping them in confinement and for voluntarily causing hurt. Accused Naresh was further charged for an offence under Section 376 I.P.C. for committing rape on Km. Radha. The salient facts pertaining to this case are that on November 1, 1974, PW 5 Shri Prahlad Singh S.H.O. Police Station, Saipau was going to village Kolua in connection with anti -dacoity duties The two minor girls Km. Shanti and Km. Radha came running out of the house belonging to the accused and prayed for their safety and rescue. The S.H.O. recorded the statement of Km. Shanti, who told him that about one and a half month back two ladies used to come to her village for selling cut -piece clothes, from whom she used to purchase some clothe Section That these ladies took her into confidence and assured her that she would be provided with good dresses, better food and would be entertained nicely and would also be given in marriage with suitable good boy. Km. Radha the cousin of Km. Shanti was also induced and lured in the same manner. Both these gigs were then brought by these two ladies to Patina where they were kept in a locked room. When these two girls started weeping, these ladies threatened them with dire consequences Ultimately both these girls were brought from Bihar to village Kolua in Rajasthan and they were kept in confinement in the house of the accused Manger Singh. Manga! Singht and Naresh along with their elder brother Kumar beat these girls number of times and told them that they have been 'purchased from those two ladies and that now they have to earn by selling their flesh in the open market by way of prostitution. Budha, the father of the accused also told these girls that Radha has been purchased for Rs. 2,000/ - and Shanti for Rs 700/ -. He also insisted that they should earn by restitutions. These girls yare then sent for medical examination Dr. M.L Maru PW 1 conducted the ossification test and he was of the opinion vide his reports Ex. p 3 and P 4 that the age of Radha was about 17 year s while the age of Shantiv Das between 14 to 17 years. Dr. Sushila Shaima also examined these girls but according to her she did not find any injury on their breasts or on any other part of their bodies She also did not find any injury on their private parts. Their hymens were found to be hem and their vaginas admitted two fingers easily. Their vaginal smear did not disclose the presence of sperms. The lady doctor vide her reports Ex. P. 1 and 2 opined that these two girls were not subjected to any recent rape.
(3.) THE statements of the accused were recorded under Section 313 Cr.P.C. The accused pleaded not guilty and asserted that they have been falsely implicated by the Thakurs of the village due to enmity. Accused Naresh contended that he is a student of 11th class and was residing at Dholpur.;