THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.136 OF 2008 DATED 29th DECEMBER, 2010. BETWEEN : The State of A.P. .. Appellant and P.Sarvaiah ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.136 OF 2008 JUDGMENT: This appeal is preferred against the reversal order passed by the learned III Additional Sessions Judge, Warangal, in Criminal Appeal No.123 of 2005 on 17.04.2006. Heard. The respondent-accused was convicted by the trial Court for an offence under Section 366 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs.500/-, in default to undergo simple imprisonment for one month. In appeal, the learned Sessions Judge reversed the order of conviction passed by the trial Judge and acquitted the respondent- accused on the ground that the victim girl is not a minor and aged about 19 years. It is the case of the Prosecution that the victim girl was kidnapped on 17.09.2004 and rescued on 03.10.2004. In the mean time, she has not made any efforts to inform to any one of the witnesses regarding the kidnap. Further, when she was examined under Section 164 Cr.P.C. before the learned Magistrate, she has not stated anything against the respondent-accused and she has not alleged anything, more particularly, in connection with the abduction. This Court perused the judgments of the trial Court and the Appellate Court. The learned Sessions Judge elaborately discussed the evidence and also relied on the judgment of the Apex Court and acquitted the accused. This Court is of the view that the impugned judgment does not suffer with any illegality or perversity warranting interference of this Court. As such, the appeal has to fail. Accordingly, the Criminal Appeal is dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 29.12.2010 sur