A minor woman’s infatuation with her alleged kidnapper can not by itself be allowed as a defence as it could quantity to surreptitiously undermining the protecting essence of offence of kidnapping, the Supreme Court has mentioned. The apex courtroom, which upheld the conviction of a person for kidnapping a minor woman in 1998, mentioned his rivalry of consensual affair and that she had joined his firm voluntarily can’t be acceded to given the unambiguous language of the statute as the woman was under 18 years of age.
A bench headed by Justice N V Ramana, whereas referring to the related authorized provisions, mentioned it confirmed that consent of minor is immaterial for the needs of part 361 of the Indian Penal Code (IPC) which offers with the offence of kidnapping from lawful guardianship. It’s obvious that as an alternative of being a legitimate defence, the appellant’s (man) vociferous arguments are merely a justification which though evokes our sympathy, however cannot change the legislation, mentioned the bench, additionally comprising Justices S A Nazeer and Surya Kant.
Because the related provisions of the IPC can’t be construed in some other method and a plain and literal which means thereof leaves no escape route for the appellant, the courts under had been seemingly proper in observing that the consent of the minor can be no defence to a cost of kidnapping, it mentioned. The apex courtroom delivered its judgement on the person’s plea difficult the July 2009 verdict of the Gujarat Excessive Court which had put aside his conviction underneath part 376 (rape) of the IPC however had upheld his conviction for offence of kidnapping. He was sentenced to five-year jail.
The highest courtroom, which upheld his conviction for the offence of kidnapping, abducting or inducing girl to compel her marriage, diminished the quantum of sentence to the interval of imprisonment already undergone by him. Part 361 IPC, notably, goes past this straightforward presumption. It bestows the power to make essential selections relating to a minor’s bodily security upon his/her guardians. Subsequently, a minor woman’s infatuation with her alleged kidnapper can not by itself be allowed as a defence, for a similar would quantity to surreptitiously undermining the protecting essence of the offence of kidnapping, the bench mentioned in its 16-page verdict.
An FIR was lodged within the matter in Might 1998 after which the person and woman had been situated by the police. In the course of the trial, the woman had initially claimed that she was forcibly taken, was raped and pressurised into performing marriage with the person. Later, she admitted throughout cross-examination of being in love with the person.
The person had claimed innocence and mentioned she had run away with him solely on her personal accord and she or he had wished to marry him with none enticement.