Whether the appellant one named Tukaram had committed an offense under Section 354 of the Indian Penal Code and the second appellant named Ganpat under Section 376 thereof?
It was, therefore, incumbent on the prosecution to prove all the ingredients of Section 375 of the Indian Penal Code. The High Court has not given a finding that the consent of the girl was obtained by putting her in a state of fear of death or of hurt. Therefore, the third clause of Section 375 will not apply. There could be no fear because the girl was taken away by Ganpat right from amongst her near and dear ones.