Home / Crime and Justice / Kidnapper's Suicide Threat Fails: Court Upholds Conviction
Kidnapper's Suicide Threat Fails: Court Upholds Conviction
27 Feb
Summary
- Bombay HC upholds kidnapping & rape conviction of a man.
- Suicide threat used to coerce minor into accompanying him.
- Court rules minor cannot consent to sex below 18 years.
The Bombay High Court has affirmed the conviction of an individual accused of kidnapping and subsequently raping a minor girl. This ruling clarifies that employing a threat of suicide to compel a minor to accompany someone constitutes kidnapping, regardless of the minor's apparent compliance. The incident involved the accused waiting for the girl and threatening self-harm if she refused to go with him.
The court underscored that such actions amount to enticing and removing a minor from their lawful guardian's care. The use of emotional duress and coercion, like a suicide threat, invalidates any perceived consent from the minor. The accused argued that the girl, aged 16 years and 9 months at the time, was mature enough for a consensual relationship.
However, this defense was dismissed as the court reiterated that under the POCSO Act, legal consent for sexual activity is strictly 18 years. Precedents established that any consent given by a person below this age is legally invalid, ensuring that sexual acts with minors are treated as offenses.
