JUDGMENT :

S. Pujahari, J.

This appeal is directed against the judgment of conviction and order of sentence passed by the learned 1st Addl. Sessions Judge, Cuttack in S.T. No.50 of 1992 convicting the appellant (hereinafter referred to as “the accused”) for commission of offence under Section 366 of the Indian Penal Code, 1860 (for short “the IPC”) and sentencing him to undergo R.I. for a period of 3 years and to pay a fine of Rs.500/-, in default, to undergo R.I. for a further period of two months.

2. Adumbrating the fact as unfolded before the trial court is that on 21.01.1991 the accused, a co-villager (P.W.4) aged about 16 years old had induced the victim girl to leave her lawful guardianship, being swayed by the version of the accused, the victim left her lawful guardianship and eloped with the accused, spent a night with him in a nearby betel vine. They shuttle from one place to other and ultimately they reached Cuttack where they sworn an affidavit showing their status as ‘husband’ and ‘wife’. When the victim was found missing, on the report of her father, investigation taken up, the victim was rescued and restored to her lawful guardianship, police took up investigation of the