Consent between minors in romantic contexts may affect the application of criminal charges, especially in kidnapping cases.

1. The present appellant has preferred this appeal under S.374(2) of the Code of Criminal Procedure , against the judgment and order of conviction and sentence dated 8.7.2010 passed by the learned Addl. Sessions Judge & Presiding Officer, 3rd Fast Track Court, Camp at Visnagar, in Sessions Case No. 115/2009, whereby, the learned trial Judge has convicted the appellant under S.363 of IPC and sentenced to undergo R/I for three years and to pay a fine of Rs.3000/-, in default, to undergo further S/I for one month, which is impugned in this appeal.

2. The brief facts of the prosecution case is as under:
2.1 That the on 12.10.2008, between 9.00 am to 10.00 am, when all the family members have gone for labour work, and the prosecutrix was all alone at the house, at that time, appellant - accused had kidnapped her by giving false promise to marry with her. When they came to know about missing of their girl, they enquired at the village of appellant but they could not find her. Due to their relation, the appellant off and on coming to their house and they found his photograph from the purse of prosecutrix. He was also making telephone calls from the nearby area. On getting his telephone number, a phone call has been made, to which, the appellant - accused had threatened the complainant and switched off his telephone number. The accused had developed intimacy with the prosecutrix, which resulted into taking away of the minor girl on the aforementioned day with an intention to have illicit intercourse with her.
2.2 On inquiring about the prosecutrix, her whereabouts were not found, therefore, a complaint was lodged with Visnagar Police Station being CR No. I - 314/2008. The Investigating Officer, on completion of the investigation, submitted charge - sheet before the learned Judicial Magistrate first Class, Visnagar. As the case was exclusively triable by the Court of Sessions, the learned Magistrate, committed the case to the Court of Sessions, which was numbered as Sessions Case No. 115/2009.

3. The accused was charged vide Ext. 2. The appellant - accused pleaded not guilty and claimed to be tried.

4. In order to bring home the charge levelled against the appellant - accused, the prosecution has examined the following witnesses:
1. Dr. Jigneshkumar Rameshchandra Modi Ext. 7
2. Kankuben Ganpatbhai Senma Ext. 18
3. Senma Ganpatbhai Somabhai Ext. 19
4. Thakor Galaji Pratapji Ext. 27
5. Khemchandbhai Senghabhai Senma Ext. 30
6. Maganbhai Senghabhai Senma Ext. 31
7. Prosecutrix Ext. 32
8. Baldevbhai Shankarbhai Ext. 34
9. Devendrasinh Indrasinh Vaghela Ext. 48
10. Chetankumar Cheharabhai Khatana Ext.50

5. The prosecution has also produced the following documentary evidence before the trial Court.
1. Complaint Ext. 20
2. Panchnama of scene of offence place Ext. 49
3. Panchnama of persons of prosecutrix Ext. 41
4. Panchnama of clothes of prosecutrix Ext. 39
5. Panchnama of clothes of accused 42
6. Medical certificate of victim Ext. 9
7. Medical certificate of accused Ext. 11
8. Birth certificate of victim Ext. 21
9. Ravangi Nondh Ext. Ext. 51
10. Receipt of FSL Ext. 52
11. Letter by FSL to PI Visnagar Ext. 53
12. FSL Report Ext. 54
13. Serological report Ext. 55
14. Report of PSI to Police Station Ext. 56

6. Thereafter, after examining the witnesses, further statement of the appellant - accused under S.313 of CrPC was recorded in which the appellant - accused has denied the case of the prosecution.

7. After considering the oral as well as documentary evidence and after hearing the parties, learned Addl. Sessions Judge & Presiding Officer, 3rd Fast Track Court, camp at Visnagar, vide impugned judgment and order dated 8.7.2010 held the appellant - accused guilty to the charge levelled against him under S.