JUDGMENT R.K. Saxena, J. - The appellant, Jit Singh alias Harjeet Singh, and his wife, Smt. Manjeet Kaur, were tried for committing offences punishable under Section 366 of the Indian Penal Code and were found guilty. The husband (appellant) was sentenced to suffer rigorous imprisonment for a period of 3 years, whereas the period for which the wife had remained in jail in this crime was considered as sufficient punishment and, therefore, she was directed to be released The husband was further charged for committing rape on Km. Surender Kaur alias Chhindo, daughter of Mahendra Singh and was convicted under this count also with a sentence of rigorous imprisonment for a period of 7 years, per judgment and order dated the 13th of December, 1984 passed by Sri Shiv Shanker, the then, IV Additional Sessions Judge, Pilibhit, in sessions Trial No. 134 of 1984. 2. The said couple was in occupation of the upper portion of the house of Mahendra Singh, father of the alleged ravished girl, in Mohalla Ashraf Khan within Police Station Kotwali, district Pilibhit. A report was made at this police station by Surendra Singh, brother of the girl on the 27th of March, 1984 at 10.15 P. M. to the effect that the appellant and his wife had kidnapped Km. Chhindo from the lawful guardianship of her father with the intention that she be given in marriage to their near relation. The crime was registered under Sections 363 and 365 of the Indian Penal Code and according to the prosecution the appellant and the girl were found in that very town within the jurisdiction of the same police station on the 24th of March, 1984 at about 5.30 P. M. The appellant was allegedly arrested then and there and after further investigation of useful nature during, the course of which she was medically examined by Lady Dr. G. Rajawat (P.W. 3) on the 24th of March, 1954 at 8.30 P. M., the appellant and his wife were charge-sheeted as a consequence whereof they were committed to the Court of Session, where the trial ended in conviction, as stated at the outset. The correctness and the legality of this decision has been assailed by the husband accused by means of this appeal. 3. The judgment under-attack indicates that much reliance has been placed by the Court below on the testimony of Km. The correctness and the legality of this decision has been assailed by the husband accused by means of this appeal. 3. The judgment under-attack indicates that much reliance has been placed by the Court below on the testimony of Km. Surender Kaur alias Chhindo (P.W. 2) for concluding that she had been kidnapped and raped. Sri S. D. Kautilya, Advocate, has argued the case on behalf of the appellant as amicus curie. Drawing my attention towards the infirmities and absurdities, which appear in the evidence of Km. Chhindo, which have, as a matter of fact, not been properly looked into by the trial Court, he contended that the evidence of Km. Chhindo has to be jettisoned and no implicit reliance can be placed thereon. I find sufficient force in this contention for these reasons. 4. To start with, it is significant to note that this girl gave her age as 13-14 years at the time of the commission of the alleged crime. Her mother (P. W. 5) has also made a statement accordingly. Her brother (P. W. 1, gave the age of the girl as 13 years in the first information report. The medical evidence does not corroborate this part of their claim. On the basis of the data collected in the course of medical examination, which includes X-ray of relevant parts of the body of the girl, the Medical Officer P. W. 3) has clearly opined that the girl was about 19 years of age at the relevant time and this opinion of the doctor has rightly been accepted by the learned trial Court. It follows that although the girl was aged about 19 years on the material date, not only she, but also her mother and brother, obviously in collusion with some such person who is, conversant with the requirement of law in such cases about age, deliberately reduced it to 13 years with the object of showing that a minor stands kidnapped. There was, thus, a deliberate attempt to make the case look as black as possible right from the very beginning and there is no room for doubt that the girl was in full possession of her faculties having reached the age of discretion and was in a position to understand the consequence of her conduct. We have, therefore, to consider her claim with a greater amount of care and caution. We have, therefore, to consider her claim with a greater amount of care and caution. At any rate, her statement on the point of age is false. 5. Yet another falsehood which spells out from her statement has been noticed even by the trial Court also. It is in her statement that while the appellant was taking her from one place to another, which included Railway Station and Bus Station also, the appellant was showing an open knife to her. Interestingly enough, it is found in her statement that the knife was always kept open and was placed on her chest also to terrorise her. The learned trial Court has rejected this part of the claim of Km. Chhindo observing, it to be an exaggeration and ornamentation. 6. When this was not a fact that knife was always kept in touch with some or the other part of the body of the girl, a question naturally arises as to why this girl did not shout or seek help and assistance from the persons sitting in the Bus, or found in the way or railway Platform. The learned trial Court has given a curious reply to this circumstance. It writes : "That she was very much frightened and at every time the fear of the knife and risk of her life prevailed on her mind and except knife she was not in a position to think for anything else. She must always have been thinking of the knife and that in case she cried out even in the least, she would be killed by the knife." This is a curious and interesting explanation advanced by the trial Court and I cannot conceive that knife and knife alone was rankling her mind and heart for more than 2 days. I have already shown above that she was in a fit mental condition and possessed full faculties. It is, therefore, difficult to swallow without denied the suggestion that knife was all along playing a dominant role on her mind. I have already shown above that she was in a fit mental condition and possessed full faculties. It is, therefore, difficult to swallow without denied the suggestion that knife was all along playing a dominant role on her mind. Her licence or the fact that she did not make any complaint to any person, lead to an irresistible conclusion that she was a consenting party and had moved with a person, who was quite friendly to her and was living in the same house from before (this is in the statement of the mother of the girl that the girl used to frequently visit and pass time in the company of the appellant and his wife. I have, therefore, no hesitation in concluding that not only the age part, but the story of knife or its user in the manner indicated by her is also false and absurd and has been introduced with a view to achieve only one object, namely, the conviction of the appellant. There can be no doubt in the least that both these vital parts in her statement are the result of prompting and tutoring to subvert the course of justice. Police, in all probability, appears to have played this role for the achievement of the said object. 7. Yet another important feature deserves a mention. The girl was, as noted above, aged about 19 years at the relevant time. The lady doctor who examined her within two days of the date of the first intercourse allegedly committed by the appellant, did not find any such mark on her private part from which it could be inferred that it was the first intercourse with her till then. On the contrary, she clearly opined that if a female is used to intercourse or had been subjected to intercourse off and on (habitual) such symptoms which were detected by her on examination were prominent specially the fact that hymen or the vagina had no tear, no inflammation and the vagina admitted two fingers easily. This medical evidence is above reproach and it conclusively establishes that Km. Chhindo has had sexual intercourse even before. Her claim that she was thrown in a sugarcane field where she was kept for two nights and one day is palpably false primarily because no external injury of any nature was found on her body. This medical evidence is above reproach and it conclusively establishes that Km. Chhindo has had sexual intercourse even before. Her claim that she was thrown in a sugarcane field where she was kept for two nights and one day is palpably false primarily because no external injury of any nature was found on her body. An unnamed girl aged about 19 years who had the taste of sexual intercourse even earlier cannot be said to have fallen a victim to the alleged misconduct of the appellant and his wife. This fact also indicates that she had, in all probability, accompanied the appellant of her own volition and was a consenting party even to sexual intercourse which was not committed after keeping her in fear or terror or mental strain of any nature whatsoever. No implicit reliance, therefore, can be placed on the testimony of a woman possessing the character indicated above. 8. For these reasons, I am of the opinion that the Court below has erred in accepting the lone claim of the girl in regard to abduction or kidnapping and also about the commission of sexual intercourse without her consent. The conclusion recorded by the learned trial Court in this respect cannot, therefore, be accepted and the appellant, who is in jail has to be released. I am mindful of the fact that the wife of the appellant, who was also convicted has not preferred any appeal, but when the whole record is before me and the entire evidence has been scanned, this Court can, in order that the inconsistent findings may not remain and create contusion, set aside even the conviction of Manjeet Kaur, wife of the appellant. 9. In the result, the appeal is allowed. The judgment and order under appeal are set aside in its entirety and the appellant and his wife, both, are found not guilty and are acquitted on the charges framed against them in the trial giving rise to this appeal. 10. It is really unfortunate that the appellant has suffered imprisonment for more than 6 years. Such cases are corning to our notice off and on, but there seems no ready solution in view of heavy pendency. We have only to be sorry for this state of affairs. However, the appellant be set at liberty forthwith unless wanted in any other crime. Such cases are corning to our notice off and on, but there seems no ready solution in view of heavy pendency. We have only to be sorry for this state of affairs. However, the appellant be set at liberty forthwith unless wanted in any other crime. Office to inform Superintendent Jail, Bareilly where he was initially lodged in this crime for compliance. 11. Sri S.D. Kautilya Advocate, Amicus Curiae has very ably argued the appeal and with success: I place on record the appreciation of his labour and conduct. He shall get Rs. 250/- as his remunerations for defending the accused appellant as amicus curiae.