Appeal against acquittal. State is the appellant.

2. Respondents were charged by C.I. of Police. Thampanoor for offences punishable under Sections 363 and 366A read with Section 34, I.P.C. The prosecution case is that the accused in furtherance of their common intention kidnapped P.W. 3, a minor girl aged 17 years and 10 months. She was taken in a taxi driven by P.W. 6. The 1st accused is alleged to have enticed P.W. 3 and she was forcibly taken in the taxi with the object of engaging in sexual intercourse with her. Accused 2 to 4 are alleged to have aided the 1st accused in the commission of the offence.

3. The Court below after trial found the accused not guilty of the offences charged against them and in consequence acquitted them. Hence this appeal by the State after obtaining leave.

4. Heard Public Prosecutor and counsel for respondents.

5. The Court below acquitted the accused holding that there was no threat or inducement on the part of the accused and that P.W. 3 had willingly accompanied the 1st accused and the other accused. While holding so, the learned Assistant Sessions Judge has followed the decision of the Supreme Court in Varadarajan v. State of Madras (