Case Note & Summary
The case involved three appeals against a common judgment of the High Court confirming convictions for abduction and rape under the Indian Penal Code. The appellants were accused of abducting a minor girl and subjecting her to rape. The prosecution's case was based on the testimony of the victim and her father, who alleged that the girl was forcibly taken and married against her will. However, the defense argued that the girl had left home voluntarily due to family disputes regarding her marriage. The court examined the evidence, noting inconsistencies in the victim's testimony and the absence of corroborative evidence. It highlighted that the victim had multiple opportunities to seek help but did not do so, which was deemed unnatural behavior for someone who had been abducted. The court found that the prosecution failed to prove the age of the victim conclusively and that the evidence presented was unreliable. Ultimately, the court concluded that the convictions were based on a distorted version of events and acquitted all appellants, directing their immediate release.
Headnote
A) Criminal Law - Abduction - Conviction under Section 366 IPC - Lack of reliable evidence - The prosecution failed to provide credible evidence to support the conviction for abduction, leading to the conclusion that the story was concocted. The court found inherent improbabilities in the prosecution's case, resulting in the acquittal of the accused. - Indian Penal Code, 1860, Sections 366, 376 (Paras 20-47).
Issue of Consideration
Whether the prosecution proved the charges of abduction and rape against the appellants.
Final Decision
The Supreme Court allowed the appeals, acquitted all appellants, and directed their immediate release due to lack of evidence and inherent improbabilities in the prosecution's case.
Law Points
- abduction
- rape
- consent
- age of consent
- evidentiary value
- corroboration
- false implication



