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Section 34 of IPC ?

2) Whether the prosecution has proved beyond all reasonable doubt that accused No.1 on the abetment of accused Nos.2 and 3 came to Chitradurga and with an intention to marry the victim, kidnapped her from the above said place and took her to Bengaluru, thereby committed an offence punishable under Section 363 r/w. Section 34 of IPC ?

3) Whether the prosecution has proved beyond all reasonable doubt that accused No.1 at the instance and abetment of accused Nos.2 and 3 came to Chitradurga and with an intention to marry the victim, kidnapped her and married her against her will, thereby committed an offence punishable under Section 366 r/w. Section 34 of IPC ?

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4) That the accused knew it to be likely that the complainant may be seduced to illicit intercourse as the result of her kidnapping or abduction.

The above referred evidence placed on record by the prosecution does not meet the legal requirement of Section 366 of IPC that accused No.1 kidnapped PW.19- victim with an intention to compel her marriage with him and married PW.19-victim. The evidence of PW.8- Rangaswamy, PW.15-Veeresh and that of PW.19-victim does not meet the above referred legal requirement to prove the offence under Section 366 of IPC.

30. In view of the reasons recorded as above, the prosecution has proved the guilt of accused No.1 for the offences punishable under Sections 363 of IPC and Section 8 of the POCSO Act. Whereas the prosecution has failed to prove the charges under Section 109 R/w.Section 34, Section 366, 342 and 506 of IPC. The interference of this Court is required for the offence under Section 363 of IPC and Section 8 of the POCSO Act against accused No.1. Consequently, we proceed to pass the following :

Acquittal of accused No.1 for the offences punishable under Sections 366, 342 and 506 of IPC and Section 9 of the Child Marriage Act, 2016 and accused Nos.2 and 3 for the offence punishable under Section 109 R/w.34 of IPC stands confirmed.

Call to hear on quantum of sentence.

SD/-

JUDGE SD/-

JUDGE rs

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