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Dr. Mukundakam Sharma, J.

1. This appeal arises out of the judgment and order dated 5.8.2003 passed by the learned Single Judge of the High Court of Andhra Pradesh at Hyderabad, convicting the three appellants under the provisions of Section 366A and Section 372 read with Section 511 Indian Penal Code, 1860 (for short `IPC') and requiring each of them to undergo rigorous imprisonment for a period of 10 years and 5 years respectively on each count, which is to run concurrently. By the said order, the order dated 16.12.1996 passed by the learned Additional Assistant Sessions Judge, Guntur in SC No. 25 of 1995, acquitting the three accused was set aside.

5. In terms of the aforesaid statement, the girl was taken back by the mother on 14.9.1992. She went to the police station on 19.9.1992 and on the same date she was sent to the Government General Hospital, Guntur for treatment as she was found to be weak both physically and mentally. Thereafter on 25.9.1992 she again went to the Police Station and presented a written report which was later on proved and exhibited in the trial as Ex. P-1. On the same day i.e. on 25.9.1992, Police examined the prosecutrix and recorded her statement and thereafter also got the statement of PW-8 and PW-9 recorded. The Police thereafter examined many other witnesses and visited the house of the three appellants who were accused in the report submitted. Finally, a charge sheet was submitted by the Police against all the three accused persons who are appellants herein under Section 363, 366A, 368 and Section 372 read with 511 of the IPC.

7. Being aggrieved by the aforesaid order of acquittal, an appeal was filed in the High Court by the State against all the three accused persons. The learned Single Judge after hearing the appeal on 5.8.2003 passed a judgment and order setting aside the order of acquittal passed by the learned Trial Court, holding that the evidence on record does prove a case against the appellants/accused persons both under Section 366 A and 372 read with Section 511 IPC. On the question of sentence the learned Single Judge held that having regard to the nature of the offence and the fact that a minor girl being dragged forcibly into an auto rickshaw almost in the heart of the Guntur town that too in a broad day light and the purpose for which she was so kidnapped, warrant imposition of maximum sentence prescribed under the aforesaid provisions. Having held thus, all the three accused persons were convicted under Section 366A IPC and were sentenced to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 5,000/- each and in default to undergo simple imprisonment for a period of two months and also under Section 372 read with Section 511 IPC and were sentenced to undergo rigorous imprisonment for a period of five years each and also to pay a fine of Rs. 2,500/- each and in default to undergo rigorous imprisonment for a period of 30 days.

50. Section 366A IPC also envisages an act of kidnapping of a minor girl out of the lawful guardianship with the intention of committing a sexual intercourse which is of a higher degree than that of an offence under Section 363 IPC.

51. Section 366A IPC is a major offence whereas Section 363 IPC is a minor offence compared to that of Section 366A IPC. There is therefore a difference in respect of the said two offences in respect of the punishment also. Section 366A IPC envisages a maximum punishment of ten years whereas Section 363 IPC envisages a punishment of seven years.