The court ruled that for minor abduction charges, the prosecution must demonstrate enticement; mere cohabitation post-marriage does not constitute crime if the victim is above 16, according to Muslim law.

JUDGMENT :

ANIL KUMAR-X, J.

1. Heard learned counsel for the appellant and learned AGA for the State.

2. This criminal appeal has been preferred against the judgment and order dated 11.9.2007 passed by Additional Sessions Judge, Court No.8, Kanpur Dehat in Sessions Trial No. 51 of 2006 ( State vs. Islam @ Paltoo ) arising out of Case Crime No. 307 of 2005, under Sections 363 , 366 and 376 IPC. Appellant was found guilty under Section 363 IPC and was sentenced for five years and fine of Rs. 1,000/-. Similarly, he was held guilty for offences under Sections 366 and 376 IPC. He was sentenced for seven years under Section 366 IPC along with fine of Rs. 1,000/- and was also sentenced for seven years and fine of Rs. 2,000/- for offence under Section 376 IPC.

3. On September 25, 2005, a written complaint (Ex. Ka. 1) was submitted by informant Fazal Ahmad. It was alleged that his daughter, aged approximately 16 years, had gone outside to answer the call of nature when she was enticed away by the appellant and two other persons. In response to the complaint, an FIR (Ex. Ka. 5) was registered on September 25, 2005, based on the application filed by the informant. The victim was recovered on September 25, 2005, and was subsequently produced for medical examination. Her statement under Section 164 Cr.P.C. was recorded. After the investigation was completed, a charge sheet was submitted against the appellant. Charges u/s 363, 366, and 376 IPC were framed against appellant.

4. Seven witnesses were produced by the prosecution to prove the charges against the appellant. PW-1, the victim, testified that she had gone outside to answer the call of nature on August 25, 2005, and met the appellant there. Appellant asked her to accompany him on a trip. Together, they went to Kalpi, where she stayed with him for a day. Subsequently, appellant took her to Bhopal, where he rented a room for her and she stayed there for a month. During her stay in Bhopal, she was repeatedly raped by the appellant. When his money ran out, he abandoned her in Bhognipur, where she was rescued by the police personnel.

5. PW-2, Fazal Ahmad, stated that his daughter was enticed away by the appellant on August 25, 2025. She was recovered by the police and he met with her at police station. She told him that she had been taken by the appellant to Kalpi and Bhopal, where she had been forcibly raped. PW-3 Jahora Bano, the mother of the victim, stated that her daughter was enticed away by the appellant on 25.8.2005. She was recovered by police personnel after a month. After her recovery, she told her that the appellant had often committed rape against her.

6. PW-4, Dr. Achla, stated that the victim was brought before her on September 26, 2005. She further stated that there were no injuries, internal or external, on the victim's body parts. PW-5, Dr. R.K. Gupta, stated that the victim was referred to EMO Mahila Chikisalaya Kanpur Nagar for determining her age. PW-7 S.I. Omkar Nath Singh, conducted the investigation in this case and he proved spot map Ex. Ka. 7 and charge sheet Ex. Ka. 10.

7. The prosecution, after examining the above witnesses, closed its evidence. The appellant's statement was recorded under Section 313 CrPC, where he stated that he had performed Nikah with the victim on August 29, 2005. He further mentioned that this marriage was performed by their mutual consent. A registered compromise between them was also executed before Registrar Kalpi, Kanpur. In defence, the appellant produced certain documents, including Nikahnama Ex. 27 Kha, registered compromise Ex. 29 Kha, and the victim's and appellant's birth certificates. The defence witness, DW-1 Khwaja, was also examined.

Findings of learned Trial Court

8. Trial Court has considered the testimony of the victim and her mother, P.W.-3 Jahoora Bano. It was observed that victim stated that she was taken away by the appellant, who asked her to accompany him on a trip. They boarded a truck after covering a distance of half a