In a significant ruling, the Supreme Court overturned the conviction of a man accused of kidnapping a minor nearly three decades ago, concluding that the girl had voluntarily left with him and lived as his wife. The judgment emphasized that the prosecution failed to establish that the accused had “taken” or “enticed” her away unlawfully.
The case revolved around allegations from 1994, where the prosecution claimed that the man, along with his family members, had abducted the girl from her village. Following an investigation, she was found residing with him in Dehradun. Based on this, an FIR was filed under Sections 363, 366, and 376 of the IPC. The trial court convicted him, but the High Court later acquitted him of rape charges while upholding convictions related to abduction, sentencing him to two years in prison.
Appealing the verdict, the accused argued that the girl had willingly accompanied him and had even signed marriage documents in Dehradun. The Supreme Court noted inconsistencies in her statements—while she initially claimed she was kidnapped, cross-examination revealed that she had traveled with him willingly and made no attempt to seek help during the journey.
A key factor in the ruling was the lack of definitive proof regarding her age. With evidence suggesting she was between 16 and 18 years old at the time—an age where she could comprehend the consequences of her actions—the Court chose to extend the benefit of the doubt to the accused.
Referring to the 1964 case S. Vardarajan v. State of Madras, the bench reaffirmed that when a person close to the age of majority voluntarily leaves with someone, it does not amount to unlawful “taking” or “enticing.” Applying this precedent, the Court found no justification for upholding the conviction.
With this ruling, the Supreme Court acquitted the accused, stating that the girl had exercised her own will in accompanying him and that the essential elements of kidnapping under law were not satisfied.