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3. Vide order dated 24.07.2012, Ld MM took the cognizance of the offences and subsequently, since the offence u/s 366 IPC was exclusively triable by the court of sessions, therefore , vide order dated 11.02.2013 , case was committed to the court of sessions.

13. I have heard the ld Chief Prosecutor for the state and the accused . I have also perused the record very carefully.

14. Accused Anil is facing trial for offences u/s 363/366 IPC on the allegations that he enticed and had taken minor 'S' aged below 18 years from the lawful guardianship of her parents and he kidnapped said girl in deceitful manner with intend to compel her to marry with him against her will.

26. In State of Karnataka v. Sureshbabu 1994 Crl. L.J. 1216 (1), it was found that the girl went with the accused voluntarily. It was held by the Hon'ble Supreme Court that the requirement of Section 366 of IPC is that taking or enticing away SC No. 60/13 State vs Anil (Page 12 of 16 ) D.O.D 21.7.2014 FIR no. 170/12 P.S Vijay Vihar u/s 363/366 IPC.

31. In the light of my aforesaid discussion, and in view of the law laid down as discussed herein above, this court is of the view that prosecution has failed to prove the case for the offences u/s 363/366 IPC. Accordingly, accused Anil stands acquitted for offences u/s 363 /366 IPC.