ORAL JUDGMENT

This appeal arises out of a judgment and order dated 9th June 1997 rendered by the learned Additional Sessions Judge, Ahmedabad Rural in Sessions Case No.21/96.

2. The appellant was original accused No.1 who was charged with offence punishable under section 363, 366 and 376 of the Indian Penal Code. There were two more accused, who were also charged with similar offence. Accused No.2 expired during trial. Accused No.3 was acquitted of the charges. Appellant herein, original accused No.1 was, however, convicted under section 363 and 366 of the Indian Penal Code, but acquitted under section 376 of the Indian Penal Code. He was awarded sentence of 7 years of rigourous imprisonment. He has, therefore, filed this appeal.

3. The prosecution case was that on 17th December 1994 at about 5 O' clock in the evening, the accused had kidnapped one Bhartiben from the lawful guardianship of her guardian. As per the prosecution, date of birth of Bhartiben was 19.7.78. She was thus aged 16 years and 5 months (approximately) on the date of the incident.

4. PW-1, Bhartiben was examined at Ex.7. She stated that she knew the accused and they were neighbours before the accused changed his resi