In Brief
This case addresses whether a consensual relationship can defend a charge of kidnapping a minor. The Supreme Court held that a minor cannot legally consent to removal from lawful guardianship, even if they willingly accompany the accused through affection or a consensual affair. The court emphasised that minors' protection under kidnapping laws cannot be undermined by their own purported consent. While the appellant's guilt was established beyond reasonable doubt under IPC sections 363, 366, and 376, the court found the five-year sentence disproportionate given the absence of force, planning, or weapons, and reduced it to time already served, balancing deterrence with fairness.
The lawyer headnote and full judgment text are available to registered users.