• About
  • Contcat Us
Monday, March 20, 2023
Justice Bench
No Result
View All Result
  • Login
  • Register
  • Home
  • Articles
  • Online Internship
  • Forums
  • Home
  • Articles
  • Online Internship
  • Forums
No Result
View All Result
justice bench
No Result
View All Result
Home General

Madhya Pradesh HC rules Girl leaving parental home with a boy on attaining the age of discretion does not amounts to kidnapping – know more

By Justuce Bench by By Justuce Bench
May 18, 2022
in General
Reading Time: 3 mins read
0
0
Recently the Madhya Pradesh High Court in Manoj Sahu vs State of Madhya Pradesh case stated that when a girl, - kidnapping, 18 years age, madhya pradesh high court - justice bench

Recently the Madhya Pradesh High Court in Manoj Sahu vs State of Madhya Pradesh case stated that when a girl, - kidnapping, 18 years age, madhya pradesh high court - justice bench

0
SHARES
2
VIEWS

Recently the Madhya Pradesh High Court in Manoj Sahu vs State of Madhya Pradesh case stated that when a girl, who has attained the age of discretion, when leaves her parents’ house to be with a boy who facilitates the same, it will not amount to kidnapping or abduction.

The Bench comprising Justice Dinesh Kumar Paliwal, had set aside an order of a trial court at Umariya district of Madhya Pradesh convicting the appellant for abducting a girl in December 2019.

READ ALSO

Gauhati High Court designates 15 lawyers as Senior Advocates including one woman lawyer – know more

Husband got divorced from the wife on the ground of cruelty after she was found to be adulterous: Chhattisgarh HC

Further, the court held that neither could the prosecution prove the case of kidnapping against the accused nor the age of the victim.

“In this case prosecution has failed to establish that at the time of commission of offence the age of prosecutrix was below 18 years of age. Even if it was on the border line, there is sufficient evidence to establish that she attained the age of discretion. Where a prosecutrix at the age of discretion leaves her parental home and the accused simply facilitates her in fulfillment of her desire, it can not be said to be an act of kidnapping or abduction,”.

the judge observed

The incident took place in 2016 when the alleged minor victim aged 17 years and 6 months had left her house for school but did not return.

In another incident that occurred on the same day in the same village, the appellant was also untraceable and the girl’s father alleged that he might have lured and kidnapped his daughter.

An FIR i.e., first information report was registered against the appellant at Umariya Police Station based on the father’s complaint about the offense of kidnapping under Section 363 of the Indian Penal Code (IPC).

The appellant appealed before the high court after the trial court convicted him.

Justice Paliwal observed that neither the girl nor her parents could show any evidence to prove that her age was below 18 years old.

According to the material available before the Court observed that the victim had deposed that she had on her own free made a call to the appellant, went to Nagpur with him and remained with him for 6 to 7 months before coming to Umaria.

The High Court further stated that there was no evidence that the accused had taken the girl forcibly or that she was below 18 years of age.

“There is no evidence on record to show that she was taken forcibly or was induced by appellant/accused to go to Nagpur. On meticulous scrutiny of evidence of prosecutrix it can be easily inferred that she who was above 18 years of age at the time of occurrence had gone with the accused voluntarily”.

the judgment stated

Therefore, the Court acquitted appellant Manoj.

[Read Judgment]

Manoj_Sahu_vs_State_of_Madhya_PradeshDownload
ShareTweetSendShare

Related Posts

Gauhati High Court designates 15 lawyers as Senior Advocates including one woman lawyer - know more
General

Gauhati High Court designates 15 lawyers as Senior Advocates including one woman lawyer – know more

May 21, 2022
Husband got divorced from the wife on the ground of cruelty after she was found to be adulterous Chhattisgarh HC
General

Husband got divorced from the wife on the ground of cruelty after she was found to be adulterous: Chhattisgarh HC

May 20, 2022
Rajasthan HC Arnab Goswami got interim relief in a case filed by INCs Pawan Khera - know more
General

Rajasthan HC | Arnab Goswami got interim relief in a case filed by INCs Pawan Khera – know more

May 20, 2022
death punsihme row supreme court
General

Re consider conviction incentivizing policy for public prosecutors in Death penalty cases, Supreme Court asks Madhya Pradesh – know more

May 20, 2022
Private bus operators plead to continue tax exemption granted during COVID period dismissed by Kerala High Court - know more
General

Private bus operators plead to continue tax exemption granted during COVID period dismissed by Kerala High Court – know more

May 19, 2022
Supreme Court vacated stay on right to feed stray dogs- know more
General

Supreme Court vacated stay on right to feed stray dogs- know more

May 20, 2022
google news
google news

POPULAR NEWS

Justices DY Chandrachud, AS Bopanna, and Bela M. Trivedi,

Execution of Document not to be considered based on Admission of Sign on Document Rules Supreme Court

May 12, 2022
DIFFERENCE BETWEEN ADVOCATE AND LAWYER

WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

June 4, 2022
La Milano Pizzeria restrained  from representing previous association with La Pino'z - know more

La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

May 20, 2022
Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

June 6, 2022
jug jugg jeeyo

Copyright infringement | Jugjugg Jeeyo movie stay refused by Ranchi court

June 25, 2022

Tags

advocate Algo Legal Allahabad HC Allahabad High Court Anil Deshmukh anticipatory bail Appointment of Judges bail Bombay high court calcutta high court central government cji Collegium Collegium Recommendations defamation delhi high court divorce Enforcement Directorate gauhati high court Gujarat High court Gyanvapi Mosque high court judges IPR Judicial Appointments justice bench karnataka high court kerala high court latest judgements law ministry legal news madras high court murder patna high court pil pocso act Rouse Avenue Court Sequoia Capital study material supreme court Supreme Court Collegium supreme court of india UAPA Union Law Ministry Uttar Pradesh varanasi court

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

by By Justuce Bench
February 24, 2023
0
calcutta hc
News

The Calcutta High Court in India recently refused to quash a criminal case involving charges under Section 377 and allegations...

Read more

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

by By Justuce Bench
February 24, 2023
0
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

The Bengaluru court issued a temporary injunction against IPS officer D Roopa Moudgil and 59 media companies from broadcasting defamatory...

Read more

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

by By Justuce Bench
February 23, 2023
0
pocso act
News

On Wednesday, the Supreme Court rejected an appeal against a Kerala High Court decision which had ruled that poking one's...

Read more

The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.

by By Justuce Bench
February 13, 2023
0
The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.
News

The Gujarat High Court has rejected a petition filed by Shweta Bhatt, wife of former IPS officer Sanjiv Bhatt who...

Read more

About

Justice Bench is one of the fastest growing news legal portal in India, for latest Latest Legal News india, Supreme Court judgement updates, High Courts Judgments updates,Law Firms News in india, Law School News, Latest Legal News india visit us.

Follow us

google news
google news

Recent Posts

  • The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

Popular News

  • DIFFERENCE BETWEEN ADVOCATE AND LAWYER

    WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

    0 shares
    Share 0 Tweet 0
  • Allahabad HC rules Daughter has the right to demand maintenance from father

    0 shares
    Share 0 Tweet 0
  • [Gyanvapi Mosque] Plea to quash FIR Lucknow University professor refused – know more

    0 shares
    Share 0 Tweet 0
  • Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

    0 shares
    Share 0 Tweet 0
  • On custody of a surrogate child born before Surrogacy Act of 2021 the Allahabad High Court has sought a response from Centre

    0 shares
    Share 0 Tweet 0

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

No Result
View All Result
  • Home
  • Articles
  • Online Internship
  • Forums

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

Welcome Back!

Sign In with Google
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Google
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In