ORDER :

1. We have heard learned counsel for the parties.

2. These appeals by special leave are directed against the judgment and order dated 20.11.2006 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 1874 of 2006 with Criminal Miscellaneous Application No. 12522 of 2006 whereby the High Court dismissed the Criminal Appeal No. 1874 of 2006 filed by the appellant herein, challenging the order of the Sessions Court convicting the appellant.

3. The conviction was recorded by the trial Court under Section 363 of the Indian Penal Code and the appellant was sentenced to undergo rigorous imprisonment for two years with fine of Rs.500/-, and in default, to undergo one month's rigorous imprisonment.

4. It is jointly stated by the learned counsel for the parties that the victim has married to the appellant and they are having a child of 10 years and they are living happily.

5. On merits, it is apparent that the victim, in her deposition has stated that she has voluntarily gone with the appellant and she has not been taken away from the custody of her parents. Therefore, in our opinion, no case under Section 363 was made out.

6. In view of the peculiar facts and circumstance