Daijiworld Media Network - Panaji

Panaji, Sep 30: In a significant judgment, the High Court has overturned a conviction by a POCSO court that had sentenced a man to three years of rigorous imprisonment for allegedly kidnapping a 17-year-old girl. The court ruled that the accused’s act of accompanying the girl did not amount to kidnapping, as there was no evidence he had induced or coerced her to leave her home.

The case originated from a complaint filed by the girl’s legal guardian, leading to the accused’s arrest by Mapusa police on February 17, 2015. While the initial charges included kidnapping and rape, the POCSO Fast Track Court in Panaji, in its January 3, 2023 verdict, had only convicted him for kidnapping, acquitting him of rape.

However, the High Court, in its recent ruling, held that the accused could not be said to have taken the girl out of her guardian’s keeping merely by being with her. It stated:

“Just because the victim had left the house of her parents and accompanied the accused, and the accused had fulfilled her desire of eloping with her, it falls short of his inducement to the victim to keep out of the keeping of the lawful guardian.”

Further, the court emphasized that the girl appeared to have made an informed decision:

“It can be specifically inferred from her conduct that she was capable of understanding the consequences of her act.”

Highlighting the lack of evidence to prove that the girl had left her home at the behest of the accused, the court concluded that the legal threshold for kidnapping under the law had not been met. The conviction and sentence were therefore set aside, and the accused was acquitted of all charges.

The judgment adds to ongoing legal discourse around consent, age, and agency in cases involving minors nearing the age of majority.