Consent of a minor is legally invalid in sexual assault cases; sufficient evidence supported conviction for kidnapping despite the absence of legal consent.

JUDGMENT :

V. SRISHANANDA, J.

1. Heard Sri Shivanand V. Pattanshetti, learned counsel for the appellant and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the State.

2. Respondent No.2 is served and unrepresented.

3. Appellant is accused who suffered an order of conviction in Spl. Case (POCSO) No.15/2017 dated 17.04.2021 on the file of the Addl. Sessions Judge, FTSC-I(POCSO), Vijayapura, and sentenced as under:

(i) The accused is hereby sentenced to undergo Simple Imprisonment for a period of three years together with Fine of Rs.5000 [Indian National Rupees of Five Thousand only] for offense punishable under Section 344 of INDIAN PENAL CODE .

(ii) Further the accused is hereby sentenced to undergo rigorous Imprisonment for a period of Ten years, together with fine of sum of Rs.5,000/- [Indian National Rupees of Five Thousand only]on this Count for the offence committed under Section 366-A of Indian Penal.

(iii) Further the accused is hereby sentenced to undergo rigorous Imprisonment for a period of ten years, together with fine of sum of Rs.10,000/= [Indian National Rupees of Ten Thousand only] on this Count for the offence punishable Under Section 376 [2] (n) of INDIAN PENAL CODE .

(iv) Further the accused is hereby sentenced to undergo rigorous Imprisonment for a period of Twenty years, together with fine of sum of Rs.25,000/= [Indian National Rupees of Twenty Five Thousand only] on this Count for the offence punishable Under Section 6 of Protection of Children from Sexual Offences Act .”

4. Facts of the case in brief which are utmost necessary for disposal of the present appeal are as under:

Factual aspects from the charge sheet placed before the learned Special Judge reveals that on 01.10.2016, 2^nd respondent lodged a typed complaint as per Ex.P.3 at 20.00 hours informing the jurisdictional police that his daughter (hereinafter referred to as ‘victim girl’) was studying at Basavanthraya College, Honvad in second year Pre University. Accused was stalking the victim girl and made several attempts to have conversation with her. Over a small period of time, accused and victim girl were in talking terms which was noticed by the complainant and he had warned the accused and told him to discontinue the friendship. But, it fell on deaf ears of the accused.

5. When the matter stood thus, on 30.09.2016 at about 2.00 am, the victim girl went out of the house for attending the nature call in the outskirts of Harijan Keri. Though mother of the victim girl had accompanied her, she was made to stand little away and, in the guise of attending to the nature call, victim girl disappeared in the darkness.

6. Accused, as per the pre-plan was standing in that place lured the victim girl to accompany him and she did not return. Alarm raised by the mother after waiting for the victim girl for some time went in vein. Left with no alternative, mother of the victim girl rushed to the house and informed the incident to family members. All the members of the house searched for the victim girl in the vicinity from where she disappeared. But victim girl and accused were not traced. Therefore, the incident was reported to the police and FIR came to be lodged which was