( 1 ) THE respondent was prosecuted for an offence punishable under Sections 363, 366 and 376 of the Indian Penal Code. The prosecution case was that the respondent kidnapped Sushilaben alias Bhanuben, daughter of Ganpatbhai Mathurbhai Tailor on 27-12-78 at about 2-15 p. m. with intention to have sexual intercourse with her and thereby committed an offence punishable under Sections 363 and 366 of the Indian Penal Code. The respondent was further charged that he without the consent of Sushilaben alias Bhanuben had sexual intercourse with her and thereby committed the offence of rape punishable under Section 376 of the Indian Penal Code.

( 2 ) THE complaint of Ganpatbhai Mathurbhai Tailor, the father of the girl was recorded and after investigation the respondent came to be charge-sheeted and at the trial the respondent came to be acquitted. The State has preferred the appeal.

( 3 ) IT is required to be stated that the learned Additional Sessions Judge, Baroda before whom the case was conducted came to the conclusion that the prosecution did not establish that Sushilaben was below 18 years of age. Further he came to the conclusion that the evidence of rape was not at