Case Note & Summary
The appellant, Parvesh Bagde, was convicted by the Additional Sessions Judge, Chandrapur, for offences under Sections 363, 366A, and 376 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for three years, five years, and seven years respectively, along with fines. The prosecution alleged that the victim, a 16-year-old girl studying in 9th standard, went missing during summer vacation in June 2013 while staying at her uncle's house in Mul. The uncle lodged a report, and the accused was arrested. The victim was recovered and sent for medical examination. The trial court convicted the accused based on the victim's testimony and a birth certificate showing her age as 16 years. The accused appealed to the Bombay High Court. The High Court examined the evidence and found that the birth certificate (Exh. 28) was not proved in accordance with law as the headmaster who issued it was not examined. The victim's own testimony showed she voluntarily accompanied the accused and had a consensual relationship. The court noted inconsistencies in the prosecution case, including the victim's statement that she was in love with the accused and went with him willingly. The court held that the prosecution failed to prove the victim's age below 18 years beyond reasonable doubt and that the alleged kidnapping and rape were not established. The appeal was allowed, the conviction and sentences were set aside, and the accused was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Age of Victim - Prosecution failed to prove victim's age below 18 years through reliable evidence - Birth certificate not proved as per law - Held that conviction for kidnapping cannot be sustained (Paras 5-8). B) Criminal Law - Rape - Section 376 IPC - Consent - Victim's testimony inconsistent and unreliable - Evidence showed victim voluntarily accompanied accused and had consensual relationship - Held that conviction for rape is set aside (Paras 9-12). C) Criminal Law - Kidnapping to compel marriage - Section 366A IPC - No evidence of inducement or intent to force marriage - Victim willingly went with accused - Held that conviction under Section 366A IPC is not maintainable (Paras 13-15).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the victim was below 18 years of age and that the accused kidnapped and raped her without consent.
Final Decision
Appeal allowed. Conviction and sentences set aside. Accused acquitted of all charges. Accused to be released forthwith unless required in any other case.
Law Points
- Age of victim must be proved beyond reasonable doubt
- Consent of minor is irrelevant
- Inconsistencies in prosecution case lead to benefit of doubt
