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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)