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Head Note

Indian Penal Code,1860  - Section 363 , Section 366 , Section 368 , Section 376

Kidnapping and rape - Conviction - Prosecution evidence showing the age of prosecutrix about 17½ years at the time of occurrence of crime - Trial Court convicting the accused-respondent - High Court reversing the judgement of trial court - Accused-respondent acquitted by the High Court - Appeal against - Prosecutrix age less than 18 years at the relevant time - Prosecutrix removed from lawful custody of her brother and taken to a different village by two adult males under threat - Prosecutrix was kept in a rented room for many days where accused had forcible sexual intercourse with her - Absence of alarm by her at the public place cannot lead to an inference that she had willingly accompanied the accused - Circumstances made her submissive victim and she had no free act of the mind during her stay with accused as she was under constant fear - Absence of injuries on the person of the prosecutrix is not sufficient to discredit her evidence - Evidence of the prosecutrix is reliable - Impugned order of High Court set aside - Appeal allowed.

Topic(s)-Kidnapping and rape