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3. Learned Metropolitan Magistrate after complying the provisions of Section 207 Cr.P.C, committed the case to the court of Sessions as the offence punishable u/s 366 A/376 IPC are exclusively triable by the Sessions Court.

4. Accused was charged by my Ld. Predecessor for the offence punishable U/s 363/366A and 376 IPC to which he pleaded not guilty and claimed trial. Thereafter, the case was fixed for prosecution evidence.

13 FIR no.118/05 PS Adarsh Nagar consenting party and she had sexual intercourse with the accused of her own free will. Ld. Addl. PP also submited that this free will may be relevant for deciding the offence punishable u/s 376 IPC, but still the offence u/s 366 is made out as the age of the prosecutrix must be 18 years or above 18 years, which is not in the present case and the accused be held guilty u/s 366, for taking the prosecutrix out of the lawful custody of her parents for the purpose of marriage and knowingly that she would be subjected to sexual intercourse, but I do not agree with this contention of the Ld. Addl. PP, as the prosecutrix was not forced to sexual intercourse against her wishes and she was not forced to marry with the accused against her wishes as is evident from Ex. PW­1/A. No doubt, the accused has taken her out of the custody of her legal and natural guardian without their consent, but that is not the only requirement for making out an offence punishable u/s 366 IPC. In the present case, the accused was not charged for the offence punishable u/s 366 IPC and he was charged u/s 366 A IPC, but even if, it is to be considered, then still he cannot be convicted u/s 366 IPC. I am of the opinion that the offence is not proved as there is nothing on record showing that the marriage was against the will of the prosecutrix or that she was subjected to sexual intercourse against her will. I, therefore, acquit the accused on both these counts. But as the accused had taken out the prosecutrix out of the custody of her parents/legal and natural guardian, without their .......contd.