HEMANT GUPTA, CJ.

1. The present appeal by the State is against an order passed by the learned Sixth Additional Sessions Judge, Bhopal in Sessions Trial No.357/1998 acquitting the respondents for the offences under Sections 366, 376(2)(g) of the Indian Penal Code, 1860.

2. The learned Trial Court returned a finding that there is no reliable evidence on record regarding kidnapping of the prosecutrix and forcible intercourse with her. The learned Trial Court further found that the only evidence which is available on record is that the prosecutrix was found with the accused and even if the accused have committed intercourse, it is with her consent, as she was more than 18 years of age. The prosecutrix was taken in a car but the fact that she has not objected to go with the accused in car shows her consent in having relationship with the accused.

3. The prosecution was initiated on the basis of the statement of the prosecutrix “M”, aged about 18 years given to PW-14 SHO-Manoj Sharma at 0.10 a.m. on 18.10.1998 on the basis of which an FIR (Ex.P-23) was lodged for the offence punishable under Sections 366 and 376(2)(g) of the IPC. The statement is that on 17.10.1998, at about 6.00