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 on