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13. The appellant has been convicted for the offences punishable under Sections 363 and 366A of IPC. To attract the offence punishable under Section 363 of IPC, it must be proved that the person in question has kidnapped any person from India or Patna High Court CR. APP (SJ) No.2055 of 2017 dt.10-01-2024 from lawful guardianship. The term 'kidnapping from lawful guardianship' has been described in Section 361 of IPC and as per the provisions of this Section, whoever takes or entices any minor under 16 years of age if a male, or under 18 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian is said to kidnap such minor or person from lawful guardianship.

16. So far as the appellant's conviction for the offence punishable under Section 366A of IPC is concerned, the said conviction does not appear to be proper and legal, as firstly, the appellant was charged for the offences punishable under Sections 363 and 366 of the IPC only but the trial court convicted him for the offences punishable under Sections 363 and 366A of IPC without altering the charge in respect of the offence of Section 366 of IPC that was not the correct approach of the trial court as in view of the punishment prescribed for the offence under Section 366A of IPC the said offence does not appear to be a minor offence than the offence punishable under Section 366 of IPC for which the appellant was charged and secondly, the evidences Patna High Court CR. APP (SJ) No.2055 of 2017 dt.10-01-2024 adduced by the prosecution are not sufficient to prove the fact that the appellant kidnapped the victim with the intention that the victim might be or likely would be forced or seduced to have illicit intercourse with another person and here, 'the another person' means a person other than the person who kidnaps the victim but such intention being present on the part of the appellant does not gather from the evidences available on the case record of the trial court. Accordingly, I find the conviction of the appellant for the offence punishable under Section 366A of IPC to be not proper and legal, hence his conviction for the said offence stands set aside.

17. The case record of the trial court goes to show that the appellant remained in custody during the whole period of trial and he was not granted bail during the pendency of this appeal also and he was taken in custody on 04.10.2015, so he has definitely served the complete sentence of rigorous imprisonment awarded upon him for the offences under Sections 363 and 366A of the IPC, hence there is no need to pass any order for his release.

18. Accordingly, the appellant's appeal stands disposed of with upholding the appellant's conviction for the offence punishable under Section 363 of the IPC and setting aside his Patna High Court CR. APP (SJ) No.2055 of 2017 dt.10-01-2024 conviction and acquitting him for the offence punishable under Section 366A of the IPC.

19. Let the LCR be sent back to the trial court concerned forthwith.