THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.378 of 2006 BETWEEEN: State of A.P. … Appellant AND 1. Veeramalla Umamaheswara Rao & 2 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.378 of 2006 JUDGMENT: The State filed this appeal against acquittal of A1 to A3 for the offence under Section 366 I.P.C. It is alleged that on 06.06.2003, A1 to A3 came to house of the victim girl- PW4 and in the absence of her parents- PWs 1 and 2, A1 to A3 kidnapped her inspite of resistance by the victim girl and by her aunt-PW3 and that subsequently, A1 married the victim girl/PW4/Sunitha, who is a minor girl in the Church. Even as per the prosecution case, PW4 was moving freely with A1 and A1 expressed his love for PW4 and PW4 did not express any opinion on the subject. As per the prosecution case, PW4 was aged sixteen years ten months by the date of offence. Even though PW4 was a minor by the date of offence, she was having age of discretion. In case she intended to resist the alleged kidnap of her by A1 to A3, she could have done so and she would not have participated in the marriage proceedings. The prosecution though cited the pastor who performed marriage of A1 with PW4, did not examine him. Similarly, the prosecution did not exhibit marriage photos of A1 and PW4, inspite of filing the same along with the charge sheet in the lower Court. It appears that subsequently on pressure from her parents, PW4 turned round and gave evidence in the trial Court. Having regard to facts and circumstances of the case, I am of the opinion that the prosecution did not make out a case of kidnapping herein, since PW4 attained sufficient age and acquired the power of discretion. There are no grounds to interfere with finding of acquittal recorded by the lower Court. 2. Hence, the Criminal Appeal is dismissed. _______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dated:16.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.378 of 2006 DATED:16.11.2011 ysk