STATE OF DELHI Vs. KULDEEP

JUDGEMENT

(1.) The present leave petition has been filed under Section 378(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C') challenging the judgment dated 23rd February, 2018 passed by the learned Additional Sessions Judge, Special Courts (POCSO), South District, Saket Courts, New Delhi, acquitting the respondents-accused in FIR No. 252/2009 registered with Police Station Neb Sarai under Sections 363/366/368/376/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) The trial court has held that even though the prosecutrix was just a few months short of becoming an adult, she was sensible and aware of the intention of the accused and had accompanied the accused out of her own free will and consent as well as stayed with the accused for one and a half months voluntarily. In support of its conclusion, the trial court has relied upon the Supreme Court judgement in Shyam & Anr. vs. State of Maharashtra, 1995 AIR(SC) 2169, wherein it has been held as under:-

(3.) Learned counsel appearing on behalf of the State submits that as the prosecutrix was a minor on the date of the incident, the issue of her consent would be irrelevant and immaterial. He submits that the offence of kidnapping as provided under Indian Penal Code is complete when a minor is taken away from the custody of lawful guardian without the consent of such guardian.