In order to establish the offence of abduction under Section 366 IPC, the prosecution must prove that the victim was a minor and that there was compulsion on the part of the accused to marry the victim.

DEEPAK MISRA, J.

( 1 ) THIS appeal is preferred against the judgment of the learned Assistant Sessions Judge, Boudh convicting the appellant for an offence under Section 366 Indian Penal Code ('ipc' in short) and sentencing him to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 10,000/- in default to undergo further R. I. for one year. There is also a direction that the fine amount realised would be paid to the victim girl under Section 357 (1), Cr. P. C.

( 2 ) BRIEFLY stated, the prosecution case is that on 17-1-92 at 3 p. m. when the parents of Sunjukta Sahu, PW-4, were absent at home, she was found missing from the house. After the parents came they received the information from the younger daughter, and in search of Sanajukta, her father PW-3 went to his father-in-law's house at Daspalla. With the help of his brother-in-law, Ladu Kishore Sahu (PW-6) they came to Madhapur out-post and reported at Adenigarh out-post with regard to the elopment of PW-4. The victim girl was rescued from the house of the appellant on 21-1-92. She was sent to the District Headquarters Hospital, Phulbani for medical examination. PW-9 the Doctor did not find any sign of recent sexual intercourse. On ossification test, her age was found to be more than 15 years and less than 17 years. She was sent to F. M. T. , M. K. C. G. Medical and Hospital where PW-12 considering the physical and radioligical findings opined that she was more than 14 years and less than 16 years. On further investigation and compliance of formalities charge sheet was filed by PW-13, the Investigating Officer.

( 3 ) THE accused took the plea of complete denial.

( 4 ) TO bring home charges against the appellant the prosecution examined 13 witnesses and number of documents which included the school register (Ext. 4), the ossification test report submitted by PW-9 (Ext. 7), report of the Professor of Radiology (Ext. 10) and some other documents were brought on record. On behalf of defence no evidence was adduced. The wearing saree which was given by the father of the accused to the victim girl was brought on record as M. O. I.

( 5 ) THE learned trial judge on analysis of the oral and documentary evidence came to hold that the victim girl was a minor and she had eloped with the accused with the hope and aspiration of bright marital prospects and as there was enticement by the accused, he was liable to be convicted under Section 366, I. P. C. and accordingly passed the order of conviction and sentenced him as indicated before.

( 6 ) SHRI B. M. Patnaik, the learned counsel for the appellant has assailed the impugned judgment on two grounds, namely, (i) PW-4 was not a minor at the time of the alleged occurrence but a major; and (ii) if the victim girl was a major, the offence under Section 366, I. P. C. would not be attracted as there had been no compulsion on the part of the accused compelling the victim to marry. In essence, the submission of Mr. Patnaik is that as the ingredients of Section 366 are not satisfied, the appellant cannot be made liable for the aforesaid offence and the judgment of conviction is liable to be set aside. To substantiate his contention he has referred to the evidence of PW-8 the Doctor who conducted the ossification test, and has also placed reliance on the evidence of the mother PW-11 aswell as the evidence of PW-4

( 7 ) MR. Sangram Das, the learned Addl. Standing Counsel, controverting the submissions of Mr. Patnaik has contended that there is ample evidence on record to come to a definite conclusion that PW-4 the victim girl, was a minor. In this regard he has referred to the evidence of PWs 8 and 12. He has also highlighted the entry in the register (Ext. 4), which has been brought on record through PW-5. Mr. Das has also taken pains to lay emphasis on the evidence of PW-4 where she has stated that she was tempted by the accused as he made a promise to her that he would purchase gold for her and he would marry her, and furthe