Minor Girl’s Infatuation with Abductor Can’t Be Permitted as Defence: Supreme Court
A minor lady’s infatuation with her alleged kidnapper can not by itself be permitted as a defence as it would amount to surreptitiously weakening the protective essence of offense of kidnapping, the Supreme Court has said. The pinnacle court, which supported the conviction of a man for kidnapping a small lady in 1998, stated his contention of consensual affair and that she had joined his business voluntarily can not be acceded to provided the unambiguous language of the statute as the girl was listed below 18 years of age.
A bench headed by Justice N V Ramana, while describing the appropriate legal provisions, stated it showed that approval of small is immaterial for the purposes of area 361 of the Indian Penal Code (IPC) which deals with the offence of kidnapping from lawful guardianship. It appears that rather of being a valid defence, the appellant’s (male) vociferous arguments are simply a validation which although stimulates our sympathy, however can’t change the law, said the bench, also consisting of Justices S A Nazeer and Surya Kant.
Since the appropriate arrangements of the IPC can not be interpreted in any other way and a plain and literal significance thereof leaves no escape route for the appellant, the courts listed below were apparently best in observing that the permission of the small would be no defence to a charge of kidnapping, it said. The apex court provided its judgement on the guy’s plea challenging the July 2009 verdict of the Gujarat High Court which had actually reserved his conviction under section 376 (rape) of the IPC but had supported his conviction for offense of kidnapping. He was sentenced to five-year prison.
The top court, which upheld his conviction for the offense of kidnapping, kidnaping or causing woman to oblige her marriage, minimized the quantum of sentence to the period of imprisonment currently undergone by him. Section 361 IPC, especially, goes beyond this easy anticipation. It bestows the capability to make crucial choices regarding a minor’s physical security upon his/her guardians. Therefore, a small girl’s infatuation with her supposed abductor can not by itself be permitted as a defence, for the same would total up to surreptitiously weakening the protective essence of the offense of kidnapping, the bench said in its 16- page decision.
An FIR was lodged in the matter in May 1998 after which the guy and girl were found by the authorities. During the trial, the lady had at first declared that she was by force taken, was raped and pressurised into performing marital relationship with the man. Later on, she confessed during interrogation of being in love with the male.
The man had claimed innocence and stated she had actually run away with him solely on her own accord and she had actually wanted to wed him without any temptation.
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