Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of a learned Single Judge of the Bombay High Court, Nagpur Bench directing acquittal of the respondent by setting aside the conviction as recorded by the learned 2nd Additional Sessions Judge, Amravati. The respondent was convicted for offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) and was sentenced to undergo RI for 5 years, 4 years and 3 years respectively for the three offences alongwith fine and default stipulation.

2.Background facts in a nutshell are as follows :

Prosecutrix, who is the daughter of complainant Ambaprasad Mishra, was residing with the family in Mangilal plots, Amravati. The accused-respondent was also the resident of the same locality. The prosecutrix was educated upto 7th standard and she had taken her education in Municipal School No.5 at Amravati. Her date of birth recorded in official documents was 4.6.1976 and the incident of kidnapping her by the accused took place on 21.4.1991. As such she was aged 14 years, 10 months and 17 days at the time of the incident. On 21.4.1991, the accused sent a message to prosecutrix through one Sachin and called her to come with a bag at a place near her school. Accordingly, the prosecutrix went at that place. Then the accused, prosecutrix and Sachin went by an autorickshaw to Chinchfail area of Amravati where the grandmother of the accused was residing. They reached there at about 1.00 p.m. The accused took his suitcase. Then the accused and prosecutrix who were accompanied by Sachin, arrived by an autorickshaw at Badnera Railway station. Sachin went back to Amravati from Badnera Railway Station and the accused and prosecutrix arrived at Nagpur by train. They reached Nagpur at about 5.00 p.m. Therefrom they went to Jhansi. They reached Jhansi early in the morning, i.e. at about 4.00 to 5.00 a.m. At Jhansi, they went to the house of the sister of the accused namely Lata. They stayed in one separate room in the house of accused’s sister for about 8 to 10 days. During this period, they used to sleep in that room and the accused practically on every night performed sexual intercourse with prosecutrix. Then from Jhansi, the accused and prosecutrix arrived at Bichona and stayed there in the house of one Rajput for about 3-4 days and the accused performed sexual intercourse with the prosecutrix twice. Then from Bichona, both of them came to Mundai. They resided at Mundai in the house of one Narmadaprasad for about one and half months. From Mundai, the accused and prosecutrix arrived at Chinchkhed via Nagpur and Amravati and stayed in the house of the sister of the accused for about 4-5 days. Again from Chinchkhed, they went to Nagpur and stayed in the house of one friend of the accused for about 20 days. The accused was working as a labourer during this period. The accused and the prosecutrix then again came back to Chinchkhed, stayed there for one day and then went to Katsoor. They stayed at Katsoor at the house of maternal aunt of the accused for about 4-5 days. Then they came to Paratwada and therefrom went to village Talegaon where they stayed with the aunt of the accused. Then from Talegaon, they went to Delhi. But since the address of the person within whom they were going to stay at that place was not available, they returned back to Talegaon. During all these days, the accused performed sexual intercourse with the prosecutrix. While at Talegaon, the father of the prosecutrix and Rajapeth (Amravati) Police arrived there. The statement of the prosecutrix was recorded and she was taken back. Meanwhile, immediately on the next day of the occurrence, i.e. 22.4.1991, the father of the prosecutrix on coming to know the fact about kidnapping his daughter by the accused, had lodged the report in Police Station Rajapeth, Amravati, on the strength of which the offence under Sections 363 and 366 IPC was registered as Crime No.184 of 1991. Then on 2