ORDER :

1. Leave granted.

2. Assailing the judgment of conviction and sentence dated 21.12.2020 passed by the Madras High Court in Criminal Appeal No. 477 of 2014 for the charge under Section 363 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’ for brevity) and the sentence of 18 months, the appellant has come before this Court.

3. As per the prosecution allegations, on 14.04.2011, the victim girl aged 17 years eloped with the appellant. Later they solemnized marriage. However, on filing of compliant by the mother of the victim, offence was registered under Sections 363, 376 and 341 of IPC against the appellant along with four other accused persons. Charges were framed under Sections 363, 376 and 341 of IPC. After trial, all the accused persons including the appellant were acquitted for the charges under Sections 376 and 341 of the IPC. The trial Court convicted only the appellant for the charge under Section 363 IPC and directed him to undergo sentence of three years vide judgment dated 14.08.2014 in S.C. No. 45 of 2013.

4. On filing of appeal by the accused-appellant, vide the impugned judgment, conviction under Section 363 IPC was maintained by the High Court but the sentence was reduced to 18 months. However, the conviction and the sentence as directed by the High Court are under challenge in this appeal.

5. We have heard learned counsel for the parties and have perused the material available on record. The appellant and the victim, when eloped, were of tender age (the appellant was of 19 years and the victim was of 17 years). During examination before the Court, the victim had not supported the case of prosecution and had turned hostile. However, considering the peculiar facts and circumstances of the case, while maintaining the finding of conviction, we reduce the sentence of 18 months to the sentence already undergone by the appellant, which, as reported, is 45 days.

6. In view of the above, this appeal is allowed in part. While maintaining the conviction of the appellant for the charge under Section 363 of the IPC, we reduce the sentence from 18 months to the sentence already undergone.

7. As the appellant has been exempted from surrendering vide this Court’s order dated 05.03.2021, which got extended till the disposal of the matter vide order dated 16.04.2021, the appellant is not required to surrender, in connection with this case.