The prosecution must prove the case beyond reasonable doubt, and the evidence must fulfill the requirements of the relevant sections of the Indian Penal Code.

JUDGMENT :

1. Heard the learned counsel for the appellants and the learned High Court Government Pleader appearing for the State.

2. The factual matrix of the case is that when P.W.5 victim girl went to attend the nature call, she was kidnapped by these accused persons and the victim girl was aged about 17 years 10 months at the time of kidnap and these petitioners knowing fully well that she is a minor, subjected her for sexual act and committed the offence. The further allegation is that with an intention of illegally committing the sexual intercourse on her, grabbed her mouth and kidnapped her from the lawful custody and thus committed the offence punishable under Ss. 366 and 366A of IPC and also charge was framed for the offence punishable under Sec. 376 of IPC. The accused did not plead guilty and hence the prosecution examined P.W.1 to P.W.20 in order to substantiate their case and also got marked the documents at Exs.P.1 to 34 and no M.Os. are marked. The Trial Court after recording the evidence, recorded the statement of the accused persons and thereafter accused have not led any defence evidence. Having heard the respective learned counsel, the Trial Court convicted the accused for the offences punishable under Ss. 366 and 366A of IPC and acquitted the accused for the offence punishable under Sec. 376 of IPC on the ground that there is no evidence and the victim girl herself not supported the case for invoking Sec. 376 of IPC. Hence, the present appeal is filed before this Court.

3. The main grounds urged in the appeal is that the Trial Court committed an error in relying upon the evidence of P.W.5 victim girl. P.W.6, P.W.7 and P.W.17 are mother, brother and sister, respectively of P.W.5 and those witnesses are family members and their evidence does not inspire the confidence of the Court to invoke the offence under Ss. 366 and 366A of IPC.

4. The learned counsel for the petitioners would vehemently contend that the very judgment of conviction is not sustainable in the eye of law. The victim being minor was procured for the purpose of seducing for sexual intercourse with other persons i.e., ingredients in respect of Sec. 366A of IPC and in the case on hand, the victim says that she was not subjected to sexual act. When such being the facts, the Trial Court ought not to have invoked Sec. 366A of IPC and also the ingredients of Sec. 363 of IPC has not been complied and hence Sec. 366 of IPC cannot be invoked. Though the prosecution claims that P.W.11 and P.W.13 are the eye witnesses, they have not supported the case of the prosecution. P.W.17 is the sister of P.W.5, who is a hearsay witness and P.W.8 and P.W.12 being panch witnesses, have not supported the case of the prosecution. The prosecution mainly relies upon the evidence of P.Ws.5, 6, 7 and 17. The learned counsel brought to the notice of this Court the evidence of P.Ws.5, 6, 7 and 17 and the learned counsel submits that the evidence of these witnesses does not attract the ingredients of Sec. 366 and 366A of IPC to convict the accused persons.

5. Per contra, High Court Government Pleader appearing for the State would submit that admittedly P.W.5 is a minor girl aged about 17 years 10 months and the evidence of P.W.5 is clear that when she went to attend the nature call, by that time, these accused persons have kidnapped her with an intention to subject her for sexual act. Hence, the Trial Court has rightly come to the conclusion that the offences under Sec. 366 and 366A of IPC are proved.

6. Having heard the learned counsel for the appellants and the learned High Court Government Pleader appearing for the State and also on perusal of the records, the points that arise for the consideration of this Court are:

(i) Whether the Trial Court has committed an error in convicting the accused for the offences punishable under Ss. 366 and 366A of IPC and whether it requires interference of this Court?

(ii) What order? Point No.(i):

7. Having heard the respective learned counse