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Thus, the case was sent back to the concerned court.

4. Vide order dated 05.01.2012, the learned M.M. committed this case to the Court of Sessions and on allocation, it was assigned to this court.

5. Chargesheet in this case was filed u/s 363/366/376 IPC against the accused. However, the prosecutrix during the course of investigation had maintained that she had got married with the accused of her free will. She had also made statement u/s 164 Cr.P.C to the same effect before the learned MM. Accused had also filed certain documents including Nikahnama to show that the prosecutrix had got married with him. Section 375 IPC stipulates that sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. In this case the prosecutrix was above 16 years of age on the date of alleged offence. Hence, vide order dated 03.02.2012, my learned predecessor framed a charge u/s 363/366 IPC against the accused to which he pleaded not guilty and claimed trial.

38. The accused is also facing trial for the commission of offence punishable u/s 366 IPC. Section 366 IPC stipulates punishment for aggravated form of offence of kidnapping. Section 366 IPC stipulates that whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

39. In order to establish an offence punishable u/s 366 IPC, it is essential that victim must have been kidnapped for compelling her to marry any person or for forcing or seducing her for illicit intercourse. However, I am of the opinion that evidence on record does not indicate that the accused kidnapped the prosecutrix with intention to marry her against her will or in order to that she may be compelled or seduced to illicit sexual intercourse. There is no evidence to the effect that the accused had forced the prosecutrix to marry him. On the other hand, it would appear from the evidence on record that at that time the accused and the prosecutrix were in love with each other though now they have mentally separated.

44. In view of above discussion, I am of the opinion that the prosecution has not been able to prove the commission of offence punishable u/s 366 IPC against the accused and he is liable to be acquitted of the charged offence punishable u/s 366 IPC.

45. In view of above, it is held that the prosecution has not been able to prove its case against accused for the commission of offence punishable u/s 366 IPC. Thus accused is acquitted for the offence punishable u/s 366 IPC. However, the prosecution has been able to prove its case against accused for the commission of offence punishable u/s 363 IPC. Thus, the accused is convicted for the offence punishable u/s 363 IPC.