*‘Consensual affair’ cannot be a reasonable defence against the offence of kidnapping a
minor * : *Supreme Court*
*Case Name* - *Anversinh @Kiransinh Fatesinh Zala v. State of Gujarat *
*Case No.* - *Crl. Appeal No. 1919 of 2010*
*Coram* - *Justices N.V. Ramana, S. Abdul Nazeer & Surya Kant*
*FACTS*
The appellant and the Prosecutrix were in love owing to which the Prosecutrix left her
parents’ home. The complainant after receiving the information, that her daughter is
misplaced registered the complaint.
The police located both the appellant and Prosecutrix, and after medical examination and
seizure of clothes, Prosecutrix was sent back to her parent’s home.
The Prosecutrix claimed that his daughter being a minor aged 15 years was taken from
his custody without his custody by the appellant whereas the daughter admitted in her
cross examination that she being in love the appellant had consensual sexual intercourse
and also emerged that she was not kidnapped by the appellant but she went with him
consensually.
Considering the fact that the Prosecutrix was a minor, her consent is irrelevant for
kidnapping, the trial court held appellant liable under Section 364 and 366 & 376 of IPC.
The appellant assailed its conviction before High Court under both ‘kidnapping’ and
‘rape’.
The High Court came with the opinion that the appellant shall not be held guilty for the
offence of ‘rape’ and the conviction under the offence of ‘kidnapping’ was sustained.
Aggrieved by the High Court’s decision the appellant has approached Supreme Court
*OBSERVATION*
