THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1203 OF 2004 DATED 8th DECEMBER, 2010. BETWEEN : The Public Prosecutor ..Appellant-State and K.Naga Ranganath ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1203 OF 2004 JUDGMENT: This is an appeal arising out of conviction and sentence imposed on the Respondent-accused in Sessions Case No.13 of 2002 by the learned Additional Sessions Judge, Narsaraopet, by judgment dated 02.08.2002 wherein he acquitted the accused under Section 235 (1) Cr.P.C. for the offence punishable under Sections 366 and 366A of Indian Penal Code (for short ‘IPC’). The allegations levelled against the accused are that he developed intimacy with the victim Padmavath by his deceitful words and on 11.03.2001 he took away the victim to Dharanikota where he married the victim in a temple against her will. On the same night, accused tried to have sexual intercourse with the victim and when she refused for the same, accused dropped her at her house with a threat not to reveal the incident to her family members. Again on 25.06.2001 accused took away the victim. Hence, the case. Heard. It is the case of the prosecution that the accused married the victim girl in the month of March and left her at her parents house and again he eloped with the girl in the month of June. There is no acceptable reasoning given by the prosecution for not lodging any complaint in between the period from March to June. The evidence of P.W.1 is highly improbable and unacceptable. The explanation given by the accused when examined under Section 313 Cr.P.C. is clear and cogent. In the absence of any evidence to show that the accused forcibly kidnapped the victim and married her, it is highly unsafe to convict the accused. The learned Sessions Judge has carefully and elaborately considered that aspect and acquitted the accused, which is in accordance with law and requires no interference of this Court. Hence, the present appeal preferred by the State shall fail. Accordingly, the Criminal Appeal is dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur