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25.In Vishnu v. State of Maharashtra, (1997) Cr.L.J. 1724 (Bom), the High Court of Bombay observed as under :

"The accused were alleged to have kidnapped the girl below 16 years of age from the lawful guardianship of her parents and taken her to another city. The co-accused had simply met the girl and had not instigated her to accompany the accused. Hence, her conviction was set aside. So far accused was concerned, his offence of kidnapping was proved beyond all doubts and he was convicted u/s 363/366 IPC . Accused U/s 323/341/366/368/363 /328/ 34 IPC was however acquitted of the charge of rape u/s 375 IPC as hymen of girl was intact and there were no outward sign of injuries or violence suggesting the sexual intercourse and consequently no rape could be said to have taken place."

U/s 323/341/366/368/363 /328/ 34 IPC

29.So far as the offences u/s 366, 328 and 368 IPC are concerned, let the relevant sections be reproduced verbatim which are as under:-

Section 366 IPC " Kidnapping, abducting or inducing woman to compel her marriage, etc - Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to find, and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid."

Section 328 IPC " Causing hurt by means of poison etc., with intent to commit an offence. - Whoever administers to or causes to be taken by any person any poison of any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to find."

U/s 323/341/366/368/363 /328/ 34 IPC Section 323 IPC :-

" Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both."

Sec.34 IPC " When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone."