offence of unlawful taking and carrying away of a person by force or fraud against the free consent or will of the victim. In this context, it is noticed from the evidence of P.W. 2, the alleged victim girl, that when she went out of home towards the frontal road, the brother of the accused appellant (not examined) came in a tempo vehicle and told her that the accused appellant wanted to talk to her and accordingly, she readily accompanied him in the said tempo and then, the accused took her by the same tempo to Targhat, wherefrom both of them boarded one night super bus to his maternal uncle’s house, where she was allegedly confined for two nights. Here it is interesting to note that she (P.W. 2) alleged that she was forced to board the public night super bus at dagger’s point and by pushing into it is hard to be believed in normal course. During the aforesaid period of alleged confinement, the accused appellant ‘committed rape’ on her. In the third night, the police, however, recovered her from the accused appellant. P.W. 10, the investigating officer categorically stated that she was recovered from Gauripur Bus Stand with the accused appellant, which is a public place. In this regard, if one peruses the statement of the victim girl, recorded under Section 164 Cr.P.C. vide Ext. 2, it is clearly noticed that she, in fact, pre-planned with the accused appellant to move away by public mode of conveyance for the purpose of entering into their marriage without raising any protest or hue and cry. However, after two months of the incident, she contracted marriage to some other person. It may be mentioned here that there is no documentary evidence to show that the accused and the victim had actually entered into any marital tie.
