Case Note & Summary
The case involved an appeal against the conviction of the appellants for kidnapping under Section 366 of the Indian Penal Code (IPC). The prosecution's case was that Tripta, a minor, went missing from her home on 21.10.1987, and after a search, her father reported her kidnapping on 26.10.1987. Tripta was found on 4.11.1987 in the company of the appellants, who allegedly raped her during her abduction. The Sessions Judge convicted the appellants under Section 366 IPC, sentencing them to four years of rigorous imprisonment. The appellants appealed to the High Court, arguing that Tripta was of consenting age and that one of the accused had married her. The High Court dismissed the appeal but reduced the sentence to one year and six months. The Supreme Court, upon hearing the case, found that the conviction was justified as Tripta was below the age of consent and the offence was non-compoundable. The court expressed doubts about the affidavits submitted by Tripta and others, which claimed she had married and was living happily, and noted the lack of contrition from the accused. Ultimately, the Supreme Court dismissed the appeal, cancelled the bail bonds, and ordered the appellants to serve their remaining sentence.
Headnote
A) Criminal Law - Kidnapping - Conviction under Section 366 IPC - The court upheld the conviction of the appellants for kidnapping a minor girl, Tripta, who was below the age of consent. The court noted that the learned Sessions Judge had erred in not charging the accused under Section 376 IPC despite evidence of sexual intercourse, but upheld the conviction under Section 366 IPC as the offence was non-compoundable and the accused showed no contrition (Paras 1-10).
Issue of Consideration
Whether the conviction under Section 366 IPC should be upheld and if the sentence should be modified.
Final Decision
The Supreme Court dismissed the appeal, upheld the conviction under Section 366 IPC, and ordered the appellants to serve their remaining sentence.
Law Points
- Section 366 IPC
- consent
- territorial jurisdiction
- non-compoundable offence
- sentencing discretion
