Minor Girl's Infatuation with Kidnapper Can't Be Allowed as Defence: Supreme Court
3 years, 11 months ago

Minor Girl's Infatuation with Kidnapper Can't Be Allowed as Defence: Supreme Court

News 18  

A minor girl's infatuation with her alleged kidnapper cannot by itself be allowed as a defence as it would amount to surreptitiously undermining the protective essence of offence of kidnapping, the Supreme Court has said. The apex court, which upheld the conviction of a man for kidnapping a minor girl in 1998, said his contention of consensual affair and that she had joined his company voluntarily cannot be acceded to given the unambiguous language of the statute as the girl was below 18 years of age. The apex court delivered its judgement on the man's plea challenging the July 2009 verdict of the Gujarat High Court which had set aside his conviction under section 376 of the IPC but had upheld his conviction for offence of kidnapping. Therefore, a minor girl's infatuation with her alleged kidnapper cannot by itself be allowed as a defence, for the same would amount to surreptitiously undermining the protective essence of the offence of kidnapping, the bench said in its 16-page verdict.

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History of this topic

Kidnappers grab 15-yr-old Rajasthan girl near school, fire shots to scare others
10 hours, 12 minutes ago

Kidnappers grab 15-yr-old Rajasthan girl near school, fire shots to scare others

Hindustan Times  

BHARATPUR: A 15-year-old girl walking home from school on Monday evening was kidnapped by three-four people in a sports utility vehicle in Deeg district of Rajasthan, police said. Police sad the abduction was captured in a CCTV installed in Deeg district’s Pahari area Her father said they married off the girl last year but she returned home after her in-laws …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
1 month ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 1 week ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 1 week ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 1 week ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

Delhi: Woman held for kidnapping girl in 2020, helping 2 men rape her for 4 months
1 month, 2 weeks ago

Delhi: Woman held for kidnapping girl in 2020, helping 2 men rape her for 4 months

Hindustan Times  

A 23-year-old woman was arrested on Saturday for kidnapping and sexually trafficking a 15-year-old girl in 2020 and helping two men sexually assault her over four months, police said. The accused held the victim captive for four months, drugged and tortured her, and took money from two men so they could rape the victim, police said. Police said that the …

Court Convicts Man for Kidnapping and Forcing Minors to Beg
1 month, 3 weeks ago

Court Convicts Man for Kidnapping and Forcing Minors to Beg

Deccan Chronicle  

A Delhi court has convicted a man for kidnapping a 11-year-old girl. The court found that there was no reason to disbelieve the testimony of the prosecution witnesses, who claimed that the accused kidnapped the girl to force her into begging. The court convicted the accused of kidnapping and sentenced him to 10 years in prison.

Bombay High Court upholds teenager’s right to reproductive freedom
3 months, 2 weeks ago

Bombay High Court upholds teenager’s right to reproductive freedom

The Hindu  

The Bombay High Court on Thursday permitted a 17-year-old sexual abuse survivor to continue her pregnancy noting that it was conscious of her reproductive freedom and right to choice. Supporting the teenager girl’s change of decision who initially was seeking for an abortion and later decided to carry the pregnancy with an intention to marry the person who she had …

Delhi court sentences man to 12-year jail in minor’s sexual assault case
3 months, 3 weeks ago

Delhi court sentences man to 12-year jail in minor’s sexual assault case

The Hindu  

A New Delhi Court has sentenced a man to 12 years of imprisonment for kidnapping and sexually assaulting a six-year-old girl in 2020. It also awarded ₹7.5 lakh as compensation to the victim, saying the purpose of the criminal justice system is not only to attain catharsis by handing down proportional punishment but also to rehabilitate the victim. “In the …

Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC
4 months, 3 weeks ago

Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC

Live Law  

The Karnataka High court has held that a father cannot be charged for kidnapping his minor child from the custody of his wife, so long as there is no prohibition order passed by a competent court against him. In the absence of any prohibition of the order of the competent Court, the petitioner-father cannot be booked for taking away his …

28-year-old held for abducting, impregnating minor in 2019
5 months ago

28-year-old held for abducting, impregnating minor in 2019

Hindustan Times  

New Delhi The accused was booked for abduction, rape and sexual assault. A 28-year-old man was arrested for allegedly kidnapping a minor, and raping and impregnating her, before abandoning her and the newborn around five years ago, police said on Saturday. Deputy commissioner of police Surendra Choudhary said a case was lodged in 2019 and a year later, a city …

Man charged with kidnap and sexual assault after girl, 9, goes missing on busy London street
8 months ago

Man charged with kidnap and sexual assault after girl, 9, goes missing on busy London street

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Please enter a valid email address Please enter a valid email address SIGN UP I would like to be emailed about offers, events and updates from The Independent. Please try again later {{ …

True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR
11 months, 1 week ago

True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR

News 18  

The Delhi High Court has ruled that “true love” between two individuals, one or both of whom may be minors or on the verge of being a major, cannot be controlled through the rigours of law or state action. The bench of Justice Swarana Kanta Sharma said, “When the scales of justice have to be weighed, they are not always …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
11 months, 2 weeks ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

‘Police Immediate Protector Of Citizens’: Orissa High Court Pulls-Up Police Officer For Misbehaving With Parents Of Kidnapped Minor Girl
1 year, 2 months ago

‘Police Immediate Protector Of Citizens’: Orissa High Court Pulls-Up Police Officer For Misbehaving With Parents Of Kidnapped Minor Girl

Live Law  

The Orissa High Court recently reprimanded a police officer for allegedly misbehaving with the parents of a kidnapped minor girl. While passing order to the said officer to behave in a ‘dignified manner’, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed, “Insensitive behaviour on the part of police personnel is not at all acceptable, especially …

UP girl kidnapped from village, raped for 2 months; rescued
1 year, 2 months ago

UP girl kidnapped from village, raped for 2 months; rescued

India Today  

A 17-year-old girl was kidnapped from the Ubhaon area of Uttar Pradesh's Ballia district and was taken to Karnataka, where she was raped for almost two months. On the complaint of the girl's mother, a case was registered under sections 363 and 366 of the Indian Penal Code on September 11, Ubhaon SHO Rajiv Mishra said. On Tuesday, the police …

Uttar Pradesh: 15-year-old girl abducted, raped for three months; accused arrested
1 year, 3 months ago

Uttar Pradesh: 15-year-old girl abducted, raped for three months; accused arrested

India TV News  

A man has been arrested for allegedly abducting a 15-year-old girl here and raping her for three months, police said on Sunday. Based on a complaint by the girl's father, an FIR was registered in the matter on charges of rape and kidnapping under IPC and the POCSO Act. In her statement to the police, the girl claimed that she …

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members
1 year, 6 months ago

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members

Live Law  

The Supreme Court on Wednesday directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she …

Mumbai court acquits man accused of touching minor girl's chest six years ago
1 year, 11 months ago

Mumbai court acquits man accused of touching minor girl's chest six years ago

India Today  

A special Pocso court in Mumbai acquitted a 25-year-old man, who was accused of taking a girl away from her home and touching her chest six years ago. While acquitting the man, special judge Kalpana Patil said that there was a delay in disclosing the incident by the victim and that the alleged minor victim used to take intoxicants. The …

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'
2 years, 2 months ago

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a minor girl after marrying her with her consent as the Court noted that the consent of the minor is no consent at all.The bench of Justice Sadhna Rani opined that even if the minor she left her home, solemnized marriage, and had physical relations with the …

Police Must Assess Victim's Age In Kidnapping Cases So That No One Is Harassed If Major Girl Has Taken Decision Freely: Allahabad HC
2 years, 8 months ago

Police Must Assess Victim's Age In Kidnapping Cases So That No One Is Harassed If Major Girl Has Taken Decision Freely: Allahabad HC

Live Law  

The Allahabad High Court has observed that while investigating Kidnapping cases, the police authorities must first assess the age of the victim girl so that in case it is found that she is major and has taken any step for her life, then no one should be unnecessary put to any harassment.The bench of Justice Arvind Kumar Mishra-I and Justice …

'Consent Was Immaterial': Calcutta High Court Upholds Conviction Of Man For Raping Girl Aged Below 16 Yrs
2 years, 10 months ago

'Consent Was Immaterial': Calcutta High Court Upholds Conviction Of Man For Raping Girl Aged Below 16 Yrs

Live Law  

The Calcutta High Court on Friday upheld the conviction of a man for the offence of rape after observing that the consent of the minor victim is immaterial as she was below 16 years of age at the time of the alleged incident. In this case, I find the direct evidence of the father of the victim, PW1, regarding her …

Kidnapping And Rape Or Love Marriage: Supreme Court Summons Parties To Find A Positive Solution
2 years, 11 months ago

Kidnapping And Rape Or Love Marriage: Supreme Court Summons Parties To Find A Positive Solution

Live Law  

In case of where a 'husband' charged with offence of kidnapping and rape against his 'wife' by the wife's family, the Supreme Court on Thursday observed that the only thing being canvassed before the Court is that the husband had some pre-marital love affairs, which can hardly be a case under Section 376, IPC. A Bench comprising Justice SK Kaul …

Girl Kidnapped From UP Traced By Delhi Police; Supreme Court Says 'Reflection Of UP Police'
3 years, 3 months ago

Girl Kidnapped From UP Traced By Delhi Police; Supreme Court Says 'Reflection Of UP Police'

Live Law  

The Supreme Court has on Friday was informed that the 13-year old girl who was kidnapped from Gorakhpur and was untraceable for 2 months has been traced by Delhi Police yesterday from Kolkata and the abductor has been arrested. After the minor girl remained untraced for two months, Supreme Court had on Wednesday had asked the to hand over the …

Kidnapped Minor Girl Untraced For 2 Months : Supreme Court Asks UP Police To Hand Over Investigation Records To Delhi Police
3 years, 3 months ago

Kidnapped Minor Girl Untraced For 2 Months : Supreme Court Asks UP Police To Hand Over Investigation Records To Delhi Police

Live Law  

In a case related to the kidnapping of a 13-year old girl from Gorakhpur, who remains untraced for last two months, the Supreme Court on Wednesday asked the Uttar Pradesh Police to hand over the investigation records to the Delhi police by tomorrow.The Court also directed the Delhi Police Commissioner to oversee the investigation. In a case related to the …

Kidnapping For Ransom - Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC : Supreme Court
3 years, 5 months ago

Kidnapping For Ransom - Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC : Supreme Court

Live Law  

The Supreme Court has held that merely proving the kidnap of a person is not sufficient for conviction for the offfence of 'kidnapping for ransom' under Section 364A of the Indian Penal Code. Ingredients of Section 364A IPC The Court held that the essential ingredients to be proved by the prosecution for proving the offence under Section 364A IPC are …

Personal Law Will Not Override POCSO Act, Child Marriage Restraint Act : Karnataka High Court
3 years, 6 months ago

Personal Law Will Not Override POCSO Act, Child Marriage Restraint Act : Karnataka High Court

Live Law  

The Karnataka High Court has said that "though second marriage is permissible under the Mohammedan Law, but the personal law cannot override the Special Law of POCSO, Child Marriage Restraints Act and General Penal Code of this Country." The accused not only abducted the victim minor girl aged about 15 years, he got married to her which attracts Sections 9 …

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court
3 years, 9 months ago

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court

Live Law  

Factors which may not be relevant to determine the guilt of the accused can be considered at the stage of sentencing, the Supreme Court observed.In this case, the accused were convicted under Sections 344 and 366 of the Indian Penal Code for allegedly conspiring with the other accused to kidnap a minor girl. Factors which may not be relevant to …

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest
3 years, 9 months ago

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

Live Law  

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of …

Minor's Consent For Sexual Intercourse Relevant For Deciding Bail Application Of 'Rape' Accused: Himachal Pradesh HC [Read Order]
4 years, 1 month ago

Minor's Consent For Sexual Intercourse Relevant For Deciding Bail Application Of 'Rape' Accused: Himachal Pradesh HC [Read Order]

Live Law  

The Himachal Pradesh High Court has granted bail to a man accused of 'raping' a minor girl on the ground that the girl had consented to the sexual intercourse. "Although, she could not have consented for sexual intercourse as well as leaving custody of her custodian but for deciding the bail, her conduct is sufficient to grant bail to the …

11-Year-Old Girl Kidnapped and Raped in Madrasa Near Delhi
6 years, 7 months ago

11-Year-Old Girl Kidnapped and Raped in Madrasa Near Delhi

India TV News  

11-year-old girl allegedly raped by 17-year-old in Delhi madrasa. Police question both the teenager and the madrasa cleric. The girl was taken captive for a day before being rescued. The accused teenager has been sent to a juvenile home, while the madrasa cleric has been detained for further investigation.

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