Team Goemkarponn
PANAJI: In a significant ruling, the High Court has overturned the conviction of a man who had been sentenced to three years’ rigorous imprisonment by a POCSO Fast Track Court on charges of kidnapping a 17-year-old girl.
The case dates back to February 17, 2015, when Mapusa police arrested the accused following a complaint lodged by the girl’s guardian.
He was initially booked for kidnapping and rape, though the trial court in January 2023 acquitted him of rape and convicted him solely of kidnapping.
However, the High Court observed that the girl had voluntarily left her home and chosen to accompany the accused. Merely being in her company, the court said, could not be construed as kidnapping, since there was no evidence that the accused had enticed or pressured her to run away.
Quoting from the judgment, the court noted that fulfilling the girl’s wish to elope “falls short of inducement” and that her actions indicated she was aware of the implications of her decision.
Concluding that the essential ingredients of kidnapping under law were not established, the High Court set aside the earlier conviction and acquitted the man of all charges.
The ruling also brings focus to the broader debate around consent and agency in cases involving adolescents who are close to the age of majority.
