24. So far as the charge of Section 363/34 of the Indian Penal Code, 1860 is concerned, she submits that the coaccused was acquitted. She refers to the evidence of the prosecution witnesses and submits that the victim at various places confided with various independent witnesses that the prosecution examined, that she went voluntarily with the appellant. Consequently, according to her, the charge under Section 363 of the Indian Penal Code, 1860 was not established as against the appellant. In any event, she submits that since the prosecution failed to establish the age of the victim, the question of invocation of Section 363 of the Indian Penal Code, 1860 as against the appellant does not arise. She refers to Section 363 of the Indian Penal Code, 1860 and submits that the same can be invoked only and only if the person concerned is a minor and that the accused takes away such minor from the custody of lawful guardian under which the minor was at the material point of time. She submits that since none of the ingredients under Section 363 of the Indian Penal Code, 1860 was established, the appellant should be acquitted of such charge also.
