1 1 S.B. CRIMINAL LEAVE TO APPEAL NO.142/2008 (State of Rajasthan Vs. Bhanwar Khan) Date of Order :: 29th September 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.L.R.Upadhyaya, Public Prosecutor. .... The non-petitioner Bhanwar Khan was tried for offences under Sections 363 & 366 I.P.C. essentially on the allegations that on 22.09.2007, at about 1 p.m., he kidnapped Anita Kanwar D/o Ratan Kanwar (complainant) from the guardianship of her mother and the kidnapping had been with the intent that she might be compelled to marry or be forced or seduced to illicit intercourse. It had been the case of the prosecution that Anita Kanwar was about 15 ½ years of age at the time of incident. The learned Additional Sessions Judge, (Fast Track) No.1, Bikaner, after taking evidence and examining the entire material on record has found with reference to the medical report that in any case Anita Kanwar was below 18 years of age; she had refused to accompany her mother and hence, was sent to Nari-Niketan, Jaipur and, significantly, she had admitted having amorous relations with the accused Bhanwar Khan. The learned Judge has also found contradictions in the 2 statement of the complainant and so also want of production of relevant evidence to establish if Anita Kanwar was below 18 years of age. Having examined the record of the case and particularly the medical evidence and the statements of PW-2 Anita Kanwar, this Court is satisfied that the view taken by the learned Trial Court remains possible, and rather plausible, view of the matter; and the learned Trial Court does not appear having committed any error in acquitting the accused. There appears no ground to extend leave to appeal in this matter. The petition for leave to appeal is, therefore, rejected. (DINESH MAHESHWARI), J. s.soni