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(a).with intent that she may be forced or seduced to illicit intercourse with another person.

(b).with the knowledge that it was likely that she would be forced or seduced to illicit intercourse with another person.

In order to constitute an offence under this section, there must be kidnapping or abduction.

14. Thus in order to prove an offence U/s 366 IPC it is essential that

15. In order to prove its case against the accused U/s 366 IPC and U/s 376 IPC, the prosecution was required to establish the following:­

(i).that the prosecutrix was the minor at the time of alleged occurrence/incident,

(ii).the accused had kidnapped the prosecutrix with intend that she might by compel and knowing it to be likely that she would be compelled to marry him against her will,

These witnesses were cross examined by Ld. counsel for accused but nothing material could be achieved to disbelieve them. As such, it is established that the prosecutrix was got recovered from the possession of the accused Umesh, who had kidnapped her from the lawful guardianship of her parents with an intent to seduce or force her for illicit intercourse. Thus the accused is liable to be held guilty U/s 366 IPC. Accordingly, he is held guilty therein under.

26. In the light of aforesaid,

(a). Accused Lakhan and Shankar are acquitted of the charges framed against them.

(b). Accused Umesh is also acquitted U/s 506 IPC and Section 120 B IPC, however, he is held guilty U/s 366 & 376 IPC and accordingly he is convicted therein under.

27. Now accused Umesh be heard on the point of sentence of 26.08.2009.