ORDER : ANANT S. DAVE, J. Heard learned APP for the applicant-State of Gujarat. 2. This application under Section 378(1)(3) of the Code of Criminal Procedure, 1973 is preferred seeking leave to file appeal against judgement and order of acquittal dated 30.3.2016 passed by the Court of learned 4th Additional Sessions Judge, Mahesana at Visnagar in Sessions Case No. 58/2014. The learned Judge was pleased to acquit opponent for the offence under Section 365, 376, 342, 344 and 506(2) of Indian Penal Code. 3. The brief facts of the prosecution case is that the victim lodged complaint before Vadnagar Police Station being C.R No. I-73 of 2014 against present accused for the offences punishable under sections 365, 376, 342, 344 and 506(2) of the Indian Penal Code. It is the case of the prosecution that present accused on 29.5.2014 at about 12:00 hours kidnapped complainant/victim, from Juna Aaspa, Vadnagar, by coaxing and tempting forcefully completed her for illicit intercourse against her wish, illegally confined her for two months, threatened her to kill by saying not to tell anyone or to shout. Therefore, complaint was lodged by the complainant/victim. 4. At the end of investigation, charge-sheet was filed before learned Judicial Magistrate First Class, Vadnagar and the case was exclusively triable by the Court of Sessions and accordingly, it was committed under Section 209 of Code of Criminal Procedure, 1973, which resulted into acquittal of accused of the offence under Sections 365, 376, 342, 344 and 506(2) of Indian Penal Code. 5. In the backdrop of above factual scenario, Ms. Moxa Thakker, learned APP would contend that prosecution has examined 26 witnesses and produced 51 documentary evidence in support of its case but the same was not appreciated in correct perspective and according to her the prosecution proved its case beyond reasonable doubt. It is submitted that the victim was confined illegally against her will for about 2 months as she was threatened by accused of dire consequences including to kill her and thus, crime was committed. Learned Judge ought to have appreciated testimonies of victim/prosecutrix who was examined at Exh.42 who fully supported the complaint at Exh.21 and circumstances in which she was subjected to rape. Learned Judge ought to have appreciated testimonies of victim/prosecutrix who was examined at Exh.42 who fully supported the complaint at Exh.21 and circumstances in which she was subjected to rape. It is further submitted that though she had to travel and stay with accused and she was under constant threat and, therefore, was unable to complain to anyone and only when she mustered courage, later on complaint was filed which was supported by testimonies of Dineshbhai Solanki, father of the victim P.W.13 at Exh.68 Thus, the evidence as above and statement made by victim before Medical Officer Dr. Bhargav Becharbhai Zaveri P.W.5 who was examined at Exh.36 also confirmed the statement of the victim. Other scientific and serological evidence was in favour of the prosecution which ought to have been appreciated in the context of offence under Section 376 of Indian Penal Code by learned trial Judge and accordingly, the leave as prayed for be granted as on merit, a good case is available to the applicant in accompanying appeal. 6. By order dated 29.8.2016, we have directed learned APP to make copies of evidence available so as to consider this application for leave and accordingly such evidence is produced on record and we have carefully considered the same. 7. It is borne out from the record that the alleged incident of forcibly taking away the victim took place on 29.5.2014 and thereafter accused had taken victim to Patan, Harij then Chotila were both of them stayed at guest house for a few days and then travelled to Junagadh and again stayed at guest house. So was the case on various other places including Paldi and Viratnagar area of Ahmedabad where the alleged crime has taken place attracting offence under Section 376 of Indian Penal Code. Surprisingly, though ample opportunity was available to the victim either to complain or to raise alarm against accused for committing such crime, no such attempt was made. Even the prosecutrix was major. At all places the victim has stayed voluntarily with accused and entered into consensual relationship. Nothing comes on record about relationship with accused as a cousin and even examination of Manager of guest house at Chotila and Ahmedabad reveal that no complain was made to them about crime and reported to the authority later on. There is total absence of evidence in the form of FSL/serological. Nothing comes on record about relationship with accused as a cousin and even examination of Manager of guest house at Chotila and Ahmedabad reveal that no complain was made to them about crime and reported to the authority later on. There is total absence of evidence in the form of FSL/serological. Even fact about abortion has come on record but no DNA test was carried out establishing that whether accused was biological father of the fetus. The concerned doctor was examined who carried out medical examination of the victim who ruled out possibility of rape and story put forth by the victim about administering threat and keeping her or confining rather in illegal custody is also not borne out from the record. 8. Thus, view taken by the trial Court acquitting the accused in absence of any cogent and convincing evidence and failure on the part of the prosecution beyond reasonable doubt cannot be said to be possible view and a careful analysis of evidence by the trial Court reveal that no illegality appears while undertaking such an exercise warranting any interference by the appellate Court. Even in a case were another view is possible but the view taken by the trial Court if supports innocence of the accused the benefit of doubt is to be given and accordingly, we find no case to grant leave as prayed for. 9. Application is rejected and hence appeal. 10. Consequently, Criminal Appeal No. 972 of 2016 does not survive and accordingly stands disposed of.