S.P. Garg, J.

1. The appellant-Chattar Pal was convicted under Section 366/376 IPC by a judgment dated 22.03.2003 in Sessions Case No. 96/2001 arising out of FIR No. 229/2001 registered at police station Lajpat Nagar.

2. Admitted position is that the prosecutrix ‘X’ (assumed name) was known to the appellant who was her Phufa’s brother and it is a case of elopement with consent. ‘X’ aged around 15 years was enticed by the appellant and was taken out of lawful guardianship of her parents on 27.04.2001. Thereafter, both stayed together at various places and even performed so-called ‘marriage’. Finally both of them were recovered/apprehended on 05.06.2001. During this period, they established physical relations. After completion of investigation, the appellant was charged under Section 366/376 IPC. The prosecution examined eleven witnesses including ‘X’. In 313 statement, the appellant denied his involvement in the crime and pleaded that marriage with ‘X’ was with her free consent.

3. Undisputedly, ‘X’ was a consenting party throughout. She had accompanied the appellant at various places with her free consent for sufficient long duration and at no stage, she raised any alarm. S