The High Court of Madhya Pradesh at Jabalpur has set aside the conviction of a man accused of kidnapping a minor girl, holding that the prosecution failed to prove that he had “taken” or “enticed” her away from her parents’ custody.
Justice Pradeep Mittal observed that merely accompanying a minor who voluntarily leaves home does not amount to kidnapping under Section 361 of the Indian Penal Code.
Background of the Case
The case arose from an incident reported in March 2013, when the prosecutrix was found missing from her house in Maihar, Satna district. A missing person report was initially registered, and later an FIR was lodged against Ravi Das Gupta under Sections 363 and 366 IPC after police suspected his involvement.
According to the prosecution, the girl travelled with the appellant from Badera to Maihar, Jabalpur, and eventually Mumbai. She returned home on her own after about five days.
The trial court had acquitted the appellant of the charge under Section 366 IPC but convicted him under Section 363 IPC, mainly on the ground that the girl was around 15 years and 6 months old at the time of the incident. He was sentenced to three years’ rigorous imprisonment and fined ₹1,000.
During trial, the prosecutrix stated that she had left home on her own and had informed her mother before leaving. She told the court that the appellant neither forced nor misled her.
In cross-examination, she said she willingly accompanied him and wanted to marry him, though her parents opposed the proposal. She also clarified that no wrongful act or sexual assault had taken place.
The girl’s mother also did not make any allegation against the appellant during her testimony.
While hearing the appeal, the High Court examined whether the essential ingredients of kidnapping from lawful guardianship were made out.
The bench noted that even though a minor’s consent is legally irrelevant under Section 361 IPC, the prosecution must still prove that the accused actively “took” or “enticed” the minor away from lawful guardianship.
Justice Mittal observed,
“Mere passivity or acquiescence i.e., allowing a minor to accompany one of her own accord has been consistently held by the courts not to constitute ‘taking’ within the meaning of Section 361 IPC.”
The Court further said that the trial court had wrongly mixed up two separate legal principles - the irrelevance of a minor’s consent and the independent requirement of proving “taking” or “enticement.”
According to the judgment, the evidence clearly showed that the prosecutrix herself was the “initiating and moving party” and that the appellant had not induced or compelled her to leave home.
Allowing the criminal appeal, the High Court quashed the conviction and sentence passed by the trial court in Sessions Trial No. 134/2013.
The Court acquitted Ravi Das Gupta of the charge under Section 363 IPC and directed that he be released immediately if not required in any other case. It also ordered refund of the fine amount deposited by him.
Case Details
Case Title: Ravi Das Gupta v. State of Madhya Pradesh
Case Number: Criminal Appeal No. 2321 of 2013
Judge: Justice Pradeep Mittal
Decision Date: April 29, 2026
