Case Note & Summary
The appellant, Issub Khan, was convicted by the Fast Track Court (POCSO) at Panaji for the offence of kidnapping under Section 363 of the Indian Penal Code (IPC) and sentenced to three years rigorous imprisonment with a fine of Rs. 50,000. He was acquitted of charges under Sections 376, 354, 452 IPC and Sections 4 and 8 of the Protection of Children from Sexual Offences (POCSO) Act. The prosecution alleged that on 17 February 2015, the appellant took a minor girl without the consent of her lawful guardian. The appellant appealed against the conviction, arguing that the minor had accompanied him voluntarily. The High Court of Bombay at Goa upheld the conviction, holding that even if the minor consented, the absence of the guardian's consent is sufficient for kidnapping under Section 363 IPC. The court found no reason to interfere with the trial court's findings on the kidnapping charge. The acquittal on sexual offences was not challenged by the state and thus remained undisturbed.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Consent of Minor - The appellant was convicted for kidnapping a minor girl without consent of her lawful guardian. The court held that even if the minor accompanied voluntarily, the absence of guardian's consent constitutes kidnapping. (Paras 2-3)
B) Criminal Law - Sexual Offences - POCSO Act - Acquittal - The appellant was acquitted of offences under Sections 376, 354, 452 IPC and Sections 4 and 8 of POCSO Act due to insufficient evidence and inconsistencies in the victim's testimony. (Para 2)
Issue of Consideration
Whether the conviction of the appellant under Section 363 IPC is sustainable and whether the acquittal under Sections 376, 354, 452 IPC and Sections 4 and 8 of POCSO Act is correct.
Final Decision
Appeal dismissed. Conviction under Section 363 IPC upheld. Sentence of 3 years RI and fine of Rs. 50,000 maintained.
Law Points
- Kidnapping
- Consent of minor
- Section 363 IPC
- POCSO Act
- Acquittal for sexual offences
- Benefit of doubt
Case Details
2025 LawText (BOM) (09) 180
Criminal Appeal No.9 of 2023
Mr. Vibhav Amonkar for the Appellant, Mr. Shailendra G. Bhobe, Public Prosecutor for the Respondent-State
Issub Khan Son of Sayed Khan
State Through P.P. High Court of Bombay at Porvorim, Goa and The Police Inspector, Mapusa Police Station, Mapusa-Goa
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Nature of Litigation
Criminal appeal against conviction for kidnapping and acquittal for sexual offences under POCSO Act.
Remedy Sought
Appellant sought acquittal for the conviction under Section 363 IPC.
Filing Reason
Appellant was convicted for kidnapping a minor girl without consent of her lawful guardian.
Previous Decisions
Trial court convicted appellant under Section 363 IPC and acquitted him under Sections 376, 354, 452 IPC and Sections 4 and 8 of POCSO Act.
Issues
Whether the conviction under Section 363 IPC is sustainable.
Whether the acquittal under sexual offences is correct.
Submissions/Arguments
Appellant argued that the minor accompanied him voluntarily, so no kidnapping.
Prosecution argued that the minor was taken without guardian's consent.
Ratio Decidendi
For kidnapping under Section 363 IPC, the consent of the minor is irrelevant; the absence of consent of the lawful guardian is sufficient to constitute the offence.
Judgment Excerpts
This is an appeal against the conviction of the Accused/Appellant by the Fast Track Court (POCSO) at Panaji vide Judgment and order dated 03.01.2023 passed in Sessions Case (ors) No. 76/2018, convicting the Accused/Appellant of the offences punishable under Section 363 of the IPC.
The Accused/Appellant has been acquitted of the offences punishable under Section 376, 354, 452 of IPC and Section 4 and 8 of the Prevention of Children from Sexual Offences (POCSO) Act.
Procedural History
The appellant was convicted by the Fast Track Court (POCSO) at Panaji on 03.01.2023 in Sessions Case No. 76/2018. He appealed to the High Court of Bombay at Goa, which dismissed the appeal on 29.09.2025.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 363, 376, 354, 452
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): 4, 8
