The Bombay high court has upheld the conviction of a man in a case involving the kidnapping and rape of a minor girl. The court ruled that using a threat of suicide to pressure a minor into accompanying him constitutes kidnapping beyond reasonable doubt.
According to the girl’s mother, the accused waited for her daughter at the Panaji bus stand and threatened to end his own life if she refused to join him. Fearing for his safety, the girl agreed to go with him.
The court, in its judgment delivered by Justice Shreeram V. Shirsat, explained that this amounted to clear enticing and removal of the minor from her lawful guardian’s custody. By employing the threat of suicide, the accused manipulated the girl’s emotional and mental state, compelling her to leave her home against her guardian’s will. This created emotional duress and coercion that influenced her decision, satisfying the elements of the offence under Section 363 of the Indian Penal Code (IPC), which deals with kidnapping.
The accused, who was approximately 30 years old at the time of the incident, claimed it was a consensual love affair. He argued that the girl, then aged 16 years and 9 months, was mature enough to understand her actions and had consented to the sexual relations.
However, the court rejected this defense, and held the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Citing Supreme Court precedents, the court reiterated that the age of consent for sexual intercourse is strictly 18 years. No child below this age can give valid consent, whether express or implied, for sexual activity. Even if the minor appeared to participate willingly, such consent holds no legal validity, rendering the sexual act an offence.
The state was represented by additional public prosecutor Pravin Faldessai, while advocate Sahil Sardessai appeared for the accused.
