Case Note & Summary
The appellant, Pintukumar @ Jitendrakumar Chedilal Girigosavi, was convicted by the 2nd Ad hoc Assistant Sessions Judge, Palghar, in Sessions Case No. 120 of 2000 for offences under Sections 363, 366, and 376 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 1 year, 2 years, and 7 years respectively, along with fines. The prosecution case was that the accused, a scrap collector, came in contact with the prosecutrix Annu, a vegetable seller at Virar market, and fell in love with her. He took her to Ahmedabad where they lived as husband and wife, and he tied a Mangalsutra at a temple and introduced her to his mother. The accused had sexual intercourse with her, resulting in pregnancy. The mother of the prosecutrix lodged a complaint on 25.3.2003, and after investigation, the accused was arrested. The trial court convicted the appellant. The appellant challenged the conviction in the High Court. The High Court examined the evidence, particularly the testimony of the prosecutrix, who stated that she voluntarily went with the accused and lived with him as his wife. The court noted that the prosecutrix was above 16 years of age at the time of the incident and that there was no evidence of force or inducement. The court held that the prosecutrix was a consenting party and that the accused did not commit any offence under Sections 363, 366, or 376 IPC. The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Consent - Where the prosecutrix voluntarily accompanied the accused and lived with him as his wife, the offence of kidnapping is not made out - Held that the prosecution failed to prove that the prosecutrix was taken away without her consent (Paras 4-6). B) Criminal Law - Rape - Section 376 IPC - Consent - Sexual intercourse with a woman above 16 years of age with her consent is not rape - Held that the prosecutrix was above 16 years and consented to the relationship, thus no offence under Section 376 IPC (Paras 4-6). C) Criminal Law - Kidnapping - Section 366 IPC - Inducement - No inducement or force used by accused - Held that the prosecutrix willingly went with the accused and lived with him, so Section 366 IPC is not attracted (Paras 4-6).
Issue of Consideration
Whether the appellant's conviction under Sections 363, 366, and 376 of the Indian Penal Code is sustainable when the prosecutrix voluntarily accompanied him and lived with him as his wife.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Consent
- Kidnapping
- Rape
- Age of Consent
- Indian Penal Code Sections 363
- 366
- 376
