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Gopi Shanker and Mahesh stayed with them and offered drinks to Arjun and Gopal. After some initial hesitation they accepted the offer. According to the prosecution, each of the four persons, namely, Gopal, Arjun, Gopi Shanker and Mahesh took about one and one and a half glasses of wine. The prosecution case further is that Arjun and Gopal felt some intoxication and were then sent down. Mst. Draupdi, however, was not permitted to go down by Gopi Shanker, Gopi Shanker thereafter forcibly took off the salwar, kurta and bodice which Mst. Draupdi was putting on at the time and made her completely naked and then had forcible sexual intercourse with her without her consent.

Upon this, Shiv Kumar and Mamma brought Mst. Draupdi in a naked condition from the side of the cabin. She was pushed by Gopi Shanker and was taken down in the hall, Gyanendra Kumar also heard some noise in the Hotel below. He thereupon went down and got out of his house and contacted Mangla Ram of the Sojati Gate Police Outpost. They came in front of the Hotel and Satya Naraina and some other persons also arrived there. When they were there in front of the hotel Mst. Draupdi was pushed down the staircase of the Agra Hotel in a naked condition and fell on the road in that condition. Gopal and Arjun were also similarly thrown down the staircase from the Agra Hotel.

Reverting to the prosecution story, it may be stated that after Arjun and Gopal had drinks they were brought down from the second storey or the terrace whatever it may be called, to the hotel, they were taken to the kitchen and kept wrongfully confined there. Their hands had been tied with some cloth and their mouths were also gagged or closed. They remained in that condition till about 3 A. M. Then they were brought to the hotel room. Simultaneously Mst. Draupdi was also brought from the family cabin to the hall in a naked condition. Mst. Draupdi had been insisting for the supply of clothes to her but the accused did not care to supply her the clothes.

It is true that Mst. Draupdi was subjected to sexual intercourse and was detained in that connection but the essential offence against her is the commission of the offence of rape and I do not see the propriety of convicting the accused for the offence under Section 342, Indian Penal Code, in respect of her detention for rape. Convictions of all the accused under Section 342, Indian Penal Code, do not deserve to be maintained.

43. The charge under Section 323, Indian Penal Code relates to the beating given to Gopal and Arjun firstly, at 12-30 p.m. when they were brought down from the family cabin and secondly, to the beating given to them at 3-30 a.m. in the hotel after the girl was brought in a naked condition. In view of the commission of the fact of beating in the first information report on the first occasion, I do not place much reliance upon that part of the story. As regards the beating given after the girl was brought naked in the hall, all the witnesses mention the presence of all the accused. All these witnesses have identified Sher Singh and Ram Chand but Tulsi has been identified only by Gopal. He has not been identified by Arjun and Mst. Draupdi.