Case Note & Summary
The appellant, Salman Sufiyan Shaikh, was convicted by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No.138 of 2011 for an offence under Section 363 of the Indian Penal Code (IPC) and sentenced to 5 years rigorous imprisonment and a fine of Rs.20,000. The case arose from the kidnapping of a 3.5-year-old boy named Sufiyan, son of complainant Anwar Khan Abdul Wahid Khan. On 20 April 2011, the complainant reported his son missing. Subsequently, the mother-in-law received phone calls from an unknown person claiming the child was in his custody and threatening dire consequences. The police registered FIR No.148 of 2011 under Sections 363, 364-A, 341, 342 read with Section 34 IPC. During investigation, the police traced the appellant and the child was recovered. The trial court acquitted the appellant of charges under Sections 364-A and 342 IPC but convicted him under Section 363 IPC. The appellant appealed against the conviction. The High Court examined the evidence, including testimony of the complainant and police witnesses. The court found that the prosecution established that the appellant took the child without the consent of the lawful guardian. The appellant's defense that the child's mother had consented was not supported by credible evidence. The High Court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Kidnapping - Section 363 Indian Penal Code, 1860 - Taking of minor without consent of lawful guardian - The appellant was convicted for kidnapping a child aged 3.5 years. The court held that the prosecution proved beyond reasonable doubt that the appellant took the child from the custody of the lawful guardian without consent. The defense that the mother consented was not substantiated. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 363 of the Indian Penal Code for kidnapping a minor child is sustainable in law.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 363 IPC are upheld.
Law Points
- Kidnapping
- Section 363 IPC
- Consent of guardian
- Minor child
- Abduction
- Criminal appeal
