Supreme Court · 2021 INSC 16 · Decided 12 January 2021
Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2021 INSC 16 · [2021] 1 S.C.R. 249
- Case number
- CRIMINAL APPEAL No. 1919/2010
- Decided
- 12 January 2021
- Bench
- N.V. RAMANA, S. ABDUL NAZEER, SURYA KANT (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 361, 366; Contract Act
Headnote
Penal Code, 1860: ss.361 and 366 - Kidnapping - Victim- minor girl aged 16 years recovered from custody of appellant - Appellant admited to having established sexual intercourse and of having an intention to marry the victim - Conviction under ss.361 and 366 - Held: there should be an act of enticing or taking, in addition to establishing the child's minority (being sixteen for boys and eighteen for girls) and care/keep of a lawful guardian - Such 'enticement' need not be direct or immediate in time and can also be through
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