VidhiSangh

Supreme Court of India · 12/01/2021

ANVERSINH @ KIRANSINH FATESINH ZALA versus STATE OF GUJARAT

[2021] 1 S.C.R. 249 · 2021 INSC 16

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Summary

The appellant challenged his surviving kidnapping convictions after the High Court had acquitted him of rape. The Supreme Court held that the minor’s consent or romantic relationship did not answer proved enticement from lawful guardianship. It nevertheless reduced imprisonment to the period already served, considering the absence of force, the appellant’s youth, over 22 years’ passage, rehabilitation and the parties’ settled separate family lives.

Issues

  1. Whether a consensual relationship defeated kidnapping charges where enticement of a minor from lawful guardianship was established.
  2. Whether the five-year sentence warranted reduction in the particular circumstances.

Provisions considered

Held

Result

Appeal partly allowed: kidnapping convictions maintained, imprisonment reduced to period already undergone, appellant set free and bail bonds discharged.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 249.