The Supreme Court recently acquitted a man accused of kidnapping a minor girl, ruling that the girl had willingly accompanied him and lived with him as his wife.
A bench of Justices B.R. Gavai and K. Vinod Chandran heard the case, where the prosecution alleged that the appellant, along with his father and other relatives, kidnapped the minor girl from a village in February 1994. After investigation, the girl was found residing with the appellant in Dehradun.
Case Background
Following this, an FIR was registered against the appellant under Sections 363 (Kidnapping), 366 (Kidnapping a woman for marriage), and 376 (Rape) of the IPC. The trial court convicted the appellant and sentenced him.
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Upon appeal, the High Court acquitted him under Section 376 IPC (Rape) but upheld his conviction under Sections 363 and 366 IPC, sentencing him to two years of imprisonment. The appellant then challenged this decision in the Supreme Court.
The testimony of the prosecutrix itself reveals that she went with the appellant of her own free will
The Supreme Court noted inconsistencies in the girl’s testimony. While she initially claimed she was kidnapped, her cross-examination revealed that:
- She willingly traveled with the appellant,
- Signed marriage documents in Dehradun, and
- Did not raise any alarm while traveling on the bus.
"A perusal of her testimony shows that she voluntarily accompanied the appellant, married him, and they lived as husband and wife in Dehradun."
Additionally, the court observed contradictory evidence regarding the girl’s age. Two medical experts provided differing opinions—one estimating her age as 14 years, while another suggested she was around 18 years old. This inconsistency led the court to grant the accused the benefit of doubt.
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The Supreme Court relied on the S. Vardarajan v. State of Madras (1964 SCC OnLine SC 36) case, which held that if a girl, close to attaining majority, willingly leaves with a man, it does not amount to "taking" her out of lawful guardianship.
"If a girl of reasonable intelligence voluntarily accompanies a man, it does not constitute kidnapping under the law."
Final Verdict
"It is evident that the prosecutrix, aged between 16 to 18 years, was capable of understanding right and wrong."
The Supreme Court ruled that the High Court had wrongly upheld the conviction under Sections 363 and 366 IPC, and the appellant was acquitted of all charges.
Case Title: Tilku Alias Tilak Singh vs. The State of Uttarakhand
Representation:
- For the Appellant: Anagha S. Desai, Satyajit A. Desai, Sachin Patil, Preetraj R. Dhok, Siddharth Gautam, Abhinav K. Mutyalwar, Sachin Singh, Ananya Thapliyal.
- For the Respondent (State of Uttarakhand): Anubha Dhulia.
