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ANANYA BANDYOPADHYAY
Rahul Amin @ Rahul Haque – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ananya Bandyopadhyay, J.—This appeal is preferred against judgment and order dated 27.09.2002 passed by the Learned Additional Session Judge, 3rd Court, Burdwan in Session Case No.2 of 1996 convicted the appellant under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 4 years and also to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for further a period of 4 months for commission of offence under Section 363 of the Indian Penal Code.
2. The prosecution case precisely stated the complainant in his written complaint dated 19.06.1993 addressed to the Officer in-charge of the Bhattar Police Station stated that on 19.06.93, his fifteen-year-old daughter was returning home from her school, Karjona Chati School at 2 pm with other students. On her way home, she passed a Maruti car parked on the road near Mirpara bridge. Rahul Haque, who was sitting inside the car with other men asked his daughter to stop and come inside the car. When she refused, they forced her inside and drove to Burdwan. He stated that Rahul Haque eloped with his daughter. The accused used to work with the complainant’s brother as a laborer and would of
Kidnapping from lawful guardianship – Consent of victim is immaterial and subsisting family bond cannot be excuse for escape of victim from parental custody at pretext or behest of pleasant and affab....
(1) A minor girl’s infatuation with her alleged kidnapper cannot by itself be allowed as a defence, for same would amount to surreptitiously undermining protective essence of offence of kidnapping.(2....
For kidnapping from lawful guardianship under Section 361 IPC, prosecution must prove accused actively 'took' or 'enticed' minor from guardian's custody; minor's voluntary self-initiated departure wi....
A minor's consent is immaterial in cases of kidnapping and abduction when threats or deceit are involved, according to Section 363 and 366 of IPC.
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
The court ruled that the victim's age of 19 years at the time of the incident precluded the application of kidnapping laws under IPC, leading to the quashing of the conviction under Section 366 IPC.
Point of Law : Section 361 of IPC is kidnapping from lawful guardianship.
The Court clarified the distinction between kidnapping and abduction, emphasizing the necessity of proving intent and compulsion in the offense.
The consent of a minor is not recognized in the eyes of the law, and actions involving a minor's enticement and physical relations can constitute kidnapping and aggravated penetrative assault under t....
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