Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Ramvir – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the victim's abduction and medical examination. (Para 3 , 4 , 5) |
| 2. witness testimonies corroborate abduction claims. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. appellant's arguments contesting the allegations. (Para 12 , 13 , 14) |
| 4. court's analysis of statutory provisions related to abduction. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. court affirms conviction and orders sentencing. (Para 22 , 23 , 24 , 25) |
Anish Kumar Gupta, J.
1. Heard Shri Deenanath Mishra, learned amicus curie for the appellant and Shri Satyendra Nath Tiwari, leaned AGA for the State.
2. The instant criminal appeal has been filed by the sole appellant-Ramvir being aggrieved by the judgment and order dated 24.8.1983 passed by the XIth Additional Session Judge, Agra in Sessions Trial No. 117 of 1982 whereby the appellant was convicted for the offence under Section 363 and 366 IPC and was sentenced to undergo rigourous imprisonment of 3 years and 5 years respectively.
3. The prosecution story in brief is that victim/informant lodged an FIR on 30.4.1980 at 11 a.m. at Police Station Gwalior stating therein that she is the daughter of Shri Ram Gopal Vaidya, resident of Etmadpur, Police Station-Etmadpur
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 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....
The court ruled that for minor abduction charges, the prosecution must demonstrate enticement; mere cohabitation post-marriage does not constitute crime if the victim is above 16, according to Muslim....
Reliability of witnesses - Prosecution witnesses - Throughout cross-examination truthfulness of prosecution version was challenged to limited extent of veracity of witnesses who had been deposing bef....
Victim of rape being minor, her consent has no significance.
The essential elements of kidnapping under Section 363 I.P.C. are not established when the minor's departure is voluntary, lacking coercion or inducement from the accused.
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
