Criminal Appeal (SJ) No. 353 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Vijoy Sonar, S/o Badri Sonar, R/o Village-Hathua More Mirganj, P.S.-Mirganj, Distt.-Gopalganj. ………(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. R.C. Sharma, Adv. For the State : Mr. Choubey Jawahar, APP. ************* P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The appellant has been convicted under Sections 363 and 366 IPC and sentenced to six years RI under Section 366 IPC but no separate order has been passed by the 3rd Additional Sessions Judge, Gopalganj by a judgment dated 03.10.1994 in S.Tr. No. 107 of 1994/27 of 1994. The case of the prosecution is that the appellant was seen in the company of the alleged victim who happened to be the daughter of the informant and it was suspected that she was being kidnapped for purposes of marriage. During trial the prosecution examined eight witnesses out of whom P.W. 1 is the son of the informant, P.W. 2 is the Doctor, P.W. 3 is the informant, P.W. 4 is a corroborative witness, P.W. 6 is the victim 2 and P.W. 7 is the Investigating Officer whereas P.W. 8 is the mother of the victim. After recording of the evidence, the Trial Court opined that the girl was above sixteen years of age and the consistent evidence is that she was seen going with the appellant without any force which leaves this Court to conclude that no offence under Section 366 is made out. Moreover, the Doctor has merely stated that the girl was below eighteen years of age but when the benefit of addition of two years is given in the facts of the case it appears that the girl was a major. From the facts emerging in the case it appears that it was a case of consent between the parties and even though the girl may have back tracked subsequently it appears that it was done only because of the subsequent developments in the case. Considering these facts, the appeal is allowed and the judgment dated 03.10.1994 passed by the 3rd Additional Sessions Judge, Gopalganj in S.Tr. No. 107 of 1994/27 of 1994 is set aside. The appellant is discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 7th April, 2011. NAFR/Vikash/-