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91. From the above discussion, it is clear that the evidence of the prosecution is neither reliable nor believable and is not trustworthy regarding the veracity of the prosecution case and the prosecution has failed to establish kidnapping or rape. The gaps in the prosecution evidence, the several discrepancies in the evidence and other circumstances make it highly improbable that such an incident ever took place. It appears from the evidence that it is not a case of kidnapping but of elopement and marriage.

98. In the present case, a story has been projected that the accused has kidnapped and raped the prosecutrix and this version appears to be untrue as there is no reason why he would do so. The prosecutrix has herself gone with the accused. There does not appear to be any criminal intention and mens rea on the part of the accused.

CONCLUSION

99. It is not possible that the accused would keep her at w.e.f. 05.05.2010 to 09.05.2011 and repeatedly commit rape upon her without any person noticing the same or without her bringing the incident to the notice of any person, especially when they have been using public conveyance for travelling. The testimony of the prosecutrix is in favour of both the accused persons.

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had physical relations with the accused Mr.Shankar Kumar with her consent after marriage.

103. There is no incriminating evidence against both the accused persons.

104. From the above discussion, it is clear that the evidence of the prosecution is neither reliable nor believable and is not trustworthy and the prosecution has failed to establish kidnapping or rape. The gaps in the prosecution evidence, the several discrepancies in the evidence and other circumstances make it highly improbable that such an incident ever took place. It appears from the evidence that it is not a case of kidnapping but of elopement and marriage.