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Supreme Court of India 2017-08-08 allowed

Mahendra Subhashbhai Vankhede vs State of Gujarat Etc

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A 19-year-old man was convicted of kidnapping, abduction, and rape of a girl under 16 with whom he had a consensual relationship. They eloped together voluntarily for ten days without force or threat. The trial court sentenced him to two years nine months imprisonment, noting the case involved adolescents in a love affair. The High Court enhanced this to seven years, citing insufficient reasons for leniency. The Supreme Court allowed the appeal, holding that the absence of force, the voluntary nature of the girl's departure, and consensual sexual intercourse constituted valid reasons under Section 377 CrPC for the reduced sentence. The Court distinguished cases involving forcible rape and threats, and released the appellant who had already served over three years in prison.

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Criminal Law Rape and Sexual Assault Sentencing Juvenile Offences Code of Criminal Procedure Indian Penal Code

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