Case Note & Summary
The appellant, Bharwad Somabhai Rambhai, was convicted under Section 363 of the Indian Penal Code (IPC) by the learned Fourth Fast-Track Judge and Additional Sessions Judge, Junagadh in Sessions Case No.48 of 1998. The trial was against six accused under Sections 363, 366, 342, and 376 of IPC and Section 135 of the Bombay Police Act, 1951. The offence was registered as I-C.R No.69/97 at Bilkha Police Station. The appellant, as accused no.1, challenged the judgment under Section 374 of the Code of Criminal Procedure, 1973. The prosecution alleged that the victim girl was kidnapped and raped in an 'ordi' situated in the field. However, the appellant's counsel argued that the victim was in a love relationship with the accused, and the complaint was initially one of harassment, later improvised to kidnapping and rape. The High Court noted that the victim's age, as per the doctor, was 18 years, and the birth certificate produced was not reliable. The court found inconsistencies in the prosecution's case, including the delay in lodging the FIR and the lack of explanation for the change from harassment to kidnapping. The court held that the prosecution failed to prove the essential ingredients of kidnapping under Section 363 IPC, as the victim's age was not conclusively established and the relationship appeared consensual. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Age of Victim - Consent - The appellant was convicted for kidnapping a girl, but the High Court found that the prosecution failed to prove the victim was below 18 years and that the relationship was consensual. The court held that the benefit of doubt must be given to the accused when the prosecution case is inconsistent and the victim's age is not conclusively established (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 363 IPC for kidnapping is sustainable when the victim's age is disputed and the relationship appears consensual.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted.
Law Points
- Consent
- Age determination
- Kidnapping
- Rape
- Benefit of doubt
- Inconsistencies in prosecution case
