VIRENDRA SARAN, J. These are two Criminal Appeals. Criminal Appeal No. 43 of 1983 has been filed by Jhinkoo Singh son of Bhagauti, resident of Sarwa, Police Station Kotwali Dehat, district Bahraich and Criminal Appeal No. 50 of 1983, has been filed by Shyam Lal and Putti sons of Lukhram, Residents of village Gauria Har Rajpur, Police Station Kotwali Dehat, district Bahraich. Appellants Shyam Lal and Putti have been convicted under Section 366 I. P. C. and Section 376 I. P. C. Appellant Jhinku has been convicted under Section 376 I. P. C. The appellants have been sentenced to undergo four years rigorous imprisonment. The sentences have been ordered to run concurrently. 2. The prosecution case is that on 21-6-1980 Raj Dulari daughter of Lalji, the informant, was at her house. Lalji had gone to work at his field. At about 7 P. M. Lalji returned and found the prosecutrix Raj Dulari absent at the house. He made a search for his daughter and he was informed by Babu and Asharam that his daughter had been enticed away by appellants Shyam Lal and Putti. The words used are, "bahla FUSLA KAR BHAGAYE HAIN". When the girl could not be traced out, Lalji came to the Kutchery and got a report scribed when he handed over at the police station on 22-6-1980 at 2-45 P. M. It was also mentioned in the first information report that the girl had taken away some ornaments alongwith her. 3. A case was registered and investigation ensued. After six days of the disappearan ces, Raj Dulari was recovered by the police. She was medically examined by Dr. Rita Chhatterjee on 1-7-1980 at 10. 30 AM. On medical examination, the doctor found that the height of Raj Dulari was 4 feet 11 inches. There were 7/7 teeth. The doctor did not find any injury on her person. The breasts were well developed. Vagina admitted two fingers easily and there was not bleeding. Vagina smear was taken and subjected to chemical examination but not spermatazoa were directed. X-Ray of the elbow and wrist joints were also taken and it was found that Epiphysis around elbow and wrist joints were all united. The doctor found that Raj Dulari was about 18 years of age and that no definite opinion about rape could be given as she was used to sexual intercourse. 4. X-Ray of the elbow and wrist joints were also taken and it was found that Epiphysis around elbow and wrist joints were all united. The doctor found that Raj Dulari was about 18 years of age and that no definite opinion about rape could be given as she was used to sexual intercourse. 4. After investigation, the accused were charge-sheeted and the appellants were committed to the Court of Sessions. At the trial, the appellants denied the charges and claimed to be tried. In support of its case, the prosecution examined six witnesses in all. (P. W. I) Lalji is the informant and is father of Raj Dulari. (P. W. 2) Babu is resident of village Gauria and has deposed that he saw the appellants Shyam Lal and Putti going on a cycle and Raj Dulari was also goingwith them. (P. W. 3) Raj Dulari is the prosecutrix and the victim of the offence. (P. W. 4) Ram Narain is resident of village Lalpur and has deposed having seen the prosecutrix going alongwith Putti and Shyam Lal on Parsaura-Lalpur road. He also deposed about arrest of the Raj Dulari by the police. He further stated that one of the accused had run away and he could not be apprehended. (P. W. 5) Dr. Rita Chatterjee had medically examined the Prosecutrix, (P. W. 6) is S. I. , Gaya Prasad Tfewari who is the Investigating Officer of the case. 5. After analysing the evidence on the record the learned IIIrd Additional Sessions Judge, Bahraich came to the conclusion that the prosecution has proved its case against the appellants as mentioned above. 6. I have heard Sri. L. P. Misra on behalf of appellant Jhinkoo and Sri R. D. Pathak, learned Counsel appearing on behalf of appellants Shyam Lal and Putti. I have also heard learned Counsel for the State. 7. One of the basis question that arises for consideration in the present case is the age of the prosecutrix. On this point, the learned Sessions Judge was of the opinion that assessment of age given by Dr. Rita Chatterjee has not at all been disputed and 14 years of age which was mentioned in the first information report was not correct. The learned Sessions Judge held that the age of Raj Dulari was about 18 years. On this point, the learned Sessions Judge was of the opinion that assessment of age given by Dr. Rita Chatterjee has not at all been disputed and 14 years of age which was mentioned in the first information report was not correct. The learned Sessions Judge held that the age of Raj Dulari was about 18 years. I have gone through the evidence and I am in agreement with the learned trial Judge that the age of Raj Dulari was about 18 years at the time of the incident. 8. The anchor-sheet of the prosecution case is the evidence of (P. W. 3) Raj Dulari. After carefully analysing the evidence of Raj Dulari, I am of the opinion that her evidence does not inspire confidence. As mentioned earlier Raj Dulari was used to sexual intercourse as has been mentioned by Dr. Rita Chatterjee. There were no fresh injuries on her person or private part which goes to show that the girl was of easy virtue. In her deposition Raj Dulari has stated that the accused lured her to come with them to which she refused. At this stage, appellant Shyam Lal forcibly made her to sit on the cycle in the front while Putti was sitting on the carrier at the back. It is beyond my comprehension as to how the girl was able to steal and carry away the ornaments with her if the story stated by her is to be believed. Certainly she had no time to go her house to fetch the ornaments before being forcibly kindnapped and made to sit on the cycle at the spur of moment. According to the own evidence of Raj Dulari, she came across (P. W. 2) Baboo while she was going on cycle, but she did not raise any alarm. She travelled from village to village alongwith the appellants and she has stated in her cross-examination that she passed throughout hundreds of village and she came across thousands of men in the way. The fact that she did not raise any alarm goes to show that in all likelihood she was a willing party. It may be mentioned that the very fact that the girl had taken away ornaments from her house goes to show that she had gone from her houses after making full preparations and the story given by her in Court is untrue. It may be mentioned that the very fact that the girl had taken away ornaments from her house goes to show that she had gone from her houses after making full preparations and the story given by her in Court is untrue. She further deposed that both the accused were carrying knives in their Jholas. It is significant to note that at the time of their arrest, no knife was recovered from the possession of the accused. She further stated that she tried to resist the rape being committed on her and in that process she received injuries due to breaking of her bangles. She further stated that she had received injuries on whole of her body and on her private part. All these allegations are belied from the Medical examination and not even a scratch was found on her person. She also stated that her lips and cheeks had received cut injuries. This again is belied by absence of any such injury on her person. At one place in her cross-examination she stated that when the accused were arrested, their Cycle and Jholas were also taken in custody and the clothes which were smeared with blood were also taken into possession by the police, but neither any such clothes were produced during trial nor any recovery memos brought on the record. 9. It is important to mention here that regarding the recovery of the girl, the recovery memo has been withheld by the prosecution and we are left to guess the cir cumstances in which Raj Dulari was recovered. The earliest version regarding the arrest of the appellants and the recovery of the girl is not forthcoming. 10. In view of what has been discussed above, the evidence of the prosecution does not deserve any credence. 11. We are now left with the fact that Raj Dulari had been found missing at her house and she was allegedly found in the company of two of the appellants. Since Raj Dulari had attained the age of 18 years and the circumstances point out that she had gone away of her own free will, no offence of abduction is made out. 12. On the point of rape, there is the solitary evidence of Raj Dulari, but her evidence is unworthy of any credence. 13. Since Raj Dulari had attained the age of 18 years and the circumstances point out that she had gone away of her own free will, no offence of abduction is made out. 12. On the point of rape, there is the solitary evidence of Raj Dulari, but her evidence is unworthy of any credence. 13. The appeals are hereby allowed and the conviction and sentence passed against the appellants are set aside and they are acquitted. The appellants are on bail. They need not surrender. Their bail bonds are discharged. Appeal allowed. .