ORAL JUDGMENT

1.The appeal arises out of judgement and order dated 4.9.1997 passed by learned Additional Sessions Judge, Ahmedabad(Rural) in Sessions Case No.129/1994.

2.The appellant was the original accused. He was charged for having kidnapped a minor girl Urmila on 9.5.1993 and also having committed sexual intercourse against her wish. He was therefore, charged with offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. By the impugned judgement, learned Additional Sessions Judge came to the conclusion that the accused did not forcibly take minor Urmila for nor did he commit any act of sexual intercourse against her wish. Learned Judge therefore, acquitted the appellant of offences punishable under Sections 366 and 376 of the Indian Penal Code. Learned Judge however came to the conclusion that Urmila was aged about 16 years and 9 months on the date of incident. The appellant having taken her away from the legal guardianship of her parents, had committed offence punishable under Section 363 of the Indian Penal Code.

3.It may be noted that during the course of trial, Urmila expired due to health reasons before her evidence could be recorded.

4.Complainant Tejabh