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11. In order to prove its case that accused committed an offence of kidnapping, abducting or inducing women to compel marriage, etc. punishable u/s 366 IPC, prosecution has to prove firstly that the prosecutrix was either kidnapped or abducted by the accused and secondly, the prosecutrix was abducted and kidnapped with the intention that the prosecutrix 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 to do illicit intercourse.

32. My decision finds support by principles of law laid down in a case, Amarjeet v. State of Haryana, 2003(1) RCR (Criminal), 168, wherein the prosecutrix, aged between 16 and 18 years, remained in the company of accused for 17 days. No hue and cry was raised and no injury or sign of violence on her body was found. It was held that prosecutrix was a consenting party. Conviction u/s 376 (2) (g) was set aside and conviction u/s 366 IPC was upheld. My decision further finds support by a case Sonu v. State (NCT) of Delhi, 2010 [2] JCC 1337, wherein Delhi High Court observed that:

CONCLUSION

46. Consequent upon above reasons, discussion and evidence on record and particularly discussed here in above, it is held that the prosecution has failed to prove its case against the accused so far as commission of offence of rape is concerned. Accordingly, he is acquitted for the offence of rape punishable u/s 376 IPC.

47. It is further held that prosecution has successfully proved its case against the accused Amit Bharti beyond any reasonable suspicion or shadow of doubt that he kidnapped the prosecutrix from her lawful guardianship and took away the prosecutrix who was a minor girl, less than 18 years of age on the date of incident out of keeping of her lawful guardianship without the consent of her guardian/complainant and he kidnapped her to seduce her to illicit intercourse and committed sexual intercourse with her. Resultantly, accused Amit Bharti is held guilty and convicted for offence of kidnapping from lawful guardianship and offence of kidnapping, abducting or inducing woman to compel marriage, etc. punishable u/s 363/366 IPC. He is on bail. He is taken in Judicial Custody.

Announced in the Open Court Dated: 30.09.2013 (DR. T.R. NAVAL) Additional Sessions Judge, (SFTC) Karkardooma Courts, Delhi IN THE COURT OF DR. T. R. NAVAL, ADDITIONAL SESSIONS JUDGE, (SPECIAL FAST TRACK COURT), EAST, NORTH EAST & SHAHDARA DISTRICTS, KARKARDOOMA COURTS, DELHI PS Shahdara U/S 363/366 IPC State Versus Amit Bharti ORDER ON SENTENCE 05.10.2013 Present: Ms. Madhu Arora Addl. P.P. for the State.