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Supreme Court of India 2018-04-24 dismissed

Kavita Chandrakant Lakhani vs State of Maharashtra & Anr

Bench: 2 — R.K. Agrawal

In Brief

A woman filed a criminal complaint against her ex-partner alleging he forcibly took her to his house and molested her. The investigating officer charged him with kidnapping and abduction under Section 366 of the IPC. The accused was discharged on the ground that the abduction was not accompanied by the intent to compel marriage or illicit intercourse. The Supreme Court upheld the discharge, holding that while abduction may have occurred, the specific intent required under Section 366 was lacking. The parties were in a prior relationship, and the accused's statements about wanting marriage suggested emotional outburst rather than criminal intent. Allegations of molestation added in later statements lacked credibility. The Court directed the trial court to proceed with remaining charges within six months.

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Criminal Law Kidnapping and Abduction Indian Penal Code Sexual Offences Charge Framing Criminal Procedure

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