In Brief
A man was convicted of rape and abduction of a girl under Sections 366 and 376 IPC for taking her on a journey under promise of marriage. The Supreme Court found that the prosecution failed to prove the girl was below 18 years old on the incident date—her birth register showed she was born on 28.02.1978, making her over 18 at the time. Moreover, no evidence proved the accused's promise of marriage was dishonest from the start. The girl accompanied him willingly to multiple locations without complaint. Since she was not below 18 and was a consenting party, the conviction was set aside and the appellant acquitted.
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