Case Note & Summary
The appellants, Mohit Chari and Elvis @ Laxmikant D'Silva, were convicted by the Children's Court at Goa in Special Case No.20/2006 for the offence of kidnapping two minor girls, aged about 11 years, under Section 363 read with Section 34 of the Indian Penal Code (IPC) and Section 8(1) of the Goa Children's Act, 2003. They were sentenced to three months simple imprisonment and a fine of Rs.5,000 each, with default imprisonment of one month. The fine amount was ordered to be paid as compensation to the victim girls through their parents. The prosecution case was that on 12th July 2006, the appellants, who were a bus conductor and driver respectively, enticed the two girls, who were students of Maria Bambina High School, Cuncolim, and took them to Cabo de Rama Fort by deceitful means, thereby kidnapping them from the lawful custody of their guardians. The victim girls (PW1 and PW2) testified that the appellants offered them a ride and took them to the fort, where they were left alone for some time before being brought back. The bus conductor (PW3) corroborated that he saw the girls boarding the bus driven by the second appellant. The parents (PW4 and PW5) confirmed the girls' ages and that they were missing on the day. The appellants argued that the evidence was insufficient and that the girls were not kidnapped but went voluntarily. The court, however, found the testimony of the victim girls to be credible, consistent, and corroborated by other witnesses. The court held that the ingredients of kidnapping by enticement were satisfied as the girls were minors and were taken away from lawful guardianship without consent. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Kidnapping - Enticement of Minor - Section 363 IPC read with Section 34 IPC and Section 8(1) Goa Children's Act, 2003 - The appellants were convicted for kidnapping two minor girls aged about 11 years by deceitful means and taking them to Cabo de Rama Fort. The court held that the testimony of the victim girls (PW1 and PW2) was credible, consistent, and corroborated by other witnesses, including the bus conductor (PW3) and the parents (PW4 and PW5). The appeal was dismissed and the conviction and sentence were upheld. (Paras 2-15) B) Evidence Law - Child Witness - Credibility - The court held that the evidence of child witnesses, if found to be truthful and corroborated, can form the basis of conviction. In this case, the victim girls' testimony was found to be natural, consistent, and corroborated by other prosecution witnesses. (Paras 8-12)
Issue of Consideration
Whether the conviction of the appellants under Section 363 read with Section 34 IPC and Section 8(1) of the Goa Children's Act, 2003 is sustainable based on the evidence of the victim girls and other prosecution witnesses.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Children's Court in Special Case No.20/2006 are upheld.
Law Points
- Kidnapping
- Enticement of minor
- Credibility of child witness
- Corroboration
- Section 363 IPC
- Section 8(1) Goa Children's Act
- 2003
- Section 34 IPC
