The main legal point established in the judgment is that the consent of a minor is irrelevant in cases of kidnapping, and the accused can be found guilty under Section 363 IPC. Additionally, the judgment emphasizes the importance of evidence in cases of forceful abduction or rape under Sections 366 and 376 IPC.

JUDGMENT :

Dinesh Kumar Singh-I, J.

1. Heard the arguments of Mrs. Archana Singh, learned A.G.A. from the side of appellant in Government Appeal No.829 of 2018 and Sri Atul Kumar, learned counsel for the appellant and learned A.G.A. for the State in Criminal Appeal No.4994 of 2018.

2. Government Appeal No.829 of 2018 has been preferred by the State against the judgment and order dated 29.8.2018 passed by learned Additional Sessions Judge/Fast Track Court No.3, Muzaffarnagar in Session Trial No.939 of 2012 (State Vs. Sandeep @ Bhura) whereby the accused-respondent Sandeep @ Bhura has been acquitted of charges under Sections 366, 376 IPC and has been convicted only under Section 363 IPC with three years and two months imprisonment and fine of Rs.2,000/-and in default of payment of fine, two months additional imprisonment. On the other hand, Criminal Appeal No.4994 of 2018 has been preferred by the accused-appellant Sandeep @ Bhura against the same judgment, praying therein to set aside his conviction under Section 363 IPC.

3. Since both the appeals arise out of the same judgment, we are deciding both the appeals together by this common judgment. Before proceeding further and appreciating the points involved in both the appeals, we deem it proper to give brief outline of the prosecution case here first.

4. As per FIR (Exhibit Ka-1), on 2.5.2012, the niece of the informant Prem Chand aged about 16 years had gone to appear in the examination in K.K. Jain Degree College of B.A.-I, whereafter she did not return home due to which, the informant went to search his niece here and there but could not find any clue of her. On 4.5.2012, Rakesh and Naresh, both residents of his village, told him that on 2.5.2012, they had seen Sandeep @ Bhura son of Champat and one other boy at about 11:00 a.m. outside the railway station Khatauli on a rickshaw towards a lane which leads to Saini Nagar. The informant thereafter, tried to find Sandeep @ Bhura at his house but it was learnt that he was missing from the same day. Further it is mentioned in the FIR that his niece was enticed away by Sandeep @ Bhura (accused ) and Niraj son of Dharm Pal residents of Village Tajpur, District Meerut and she was in their possession.

5. Upon the said written report, Case Crime No.263 of 2012 was registered under Section 363, 366 IPC against the accused Sandeep @ Bhura and Niraj on 4.5.2012 at about 21:30 hours. The chik FIR was prepared by HCP Mahendra Singh of P.S. Kotwali Nagar, District Muzaffarnagar which is Exhibit Ka-7, who made entry of this case in G.D. at report no.50, time 11:10 hours which is Exhibit Ka-8.

6. The investigation was initially assigned to Sanjay Garg and subsequently was assigned from 8.5.2012 to S.I. Rajpal Singh (P.W.-5). He, on information of informer, took the victim/abductee as well as the accused Sandeep @ Bhura into custody at 9:30 a.m. and recorded the statement of victim. On the basis of her statement, offence under Section 376 IPC was also added on 8.5.2012 and thereafter, on 10.5.2012, he got the statement of the victim under Section 164 Cr.P.C. recorded and on 13.5.2012, the victim was given in supurdagi of her mother. Thereafter, he prepared the site plan at the instance of witness Rakesh which is Exhibit Ka-4. After competing the investigation, he submitted the charge-sheet against the accused which is Exhibit Ka-5.

7. On the basis of evidence on record, charges were framed against the accused on 3.10.2012 under Sections 363, 366 and 376 IPC, to which he pleaded not guilty and claimed to be tried.

8. Thereafter, in order to prove its case, the prosecution examined the informant Prem Chand Sharma as P.W.-1, Rakesh Kumar as P.W.-2, victim as P.W.-3, Dr. Sangita Gupta, who conducted medical examination of the victim as P.W.-4, Investigating Officer, Tejpal Singh as P.W.-5, Tejwati wife of Dharam Pal Singh as P.W.-6, Head Constable Mahendra Singh as P.W.-7.

9. Thereafter the prosecution evidence was closed and statement of the accused under