Sarishta @ Settu & Ors vs State Of H.P on 6 July, 2026

    0
    6
    ADVERTISEMENT

    Himachal Pradesh High Court

    Sarishta @ Settu & Ors vs State Of H.P on 6 July, 2026

                                                                                      2026:HHC:26637
    
    
    
        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                  Cr. Appeal Nos. 296 and 394 of 2010
    
    
    
    
                                                                                       .
                                                  Reserved on: 20.06.2026
    
    
    
    
    
                                                  Date of Decision: 06.07.2026
    
    
    
    
    
        1. Cr. Appeal No. 296 of 2010
        Sarishta @ Settu & Ors                                                       ...Appellants
    
    
    
    
                                                         of
                                         Versus
        State of H.P.                                                        ...Respondent
                               rt
        _____________________________________
        2. Cr. Appeal No. 394 of 2010
    
        Rakesh Kumar & Anr.                                                          ...Appellants
    
    
                                         Versus
    
    
    
        State of H.P.                                                        ...Respondent
    
    
    
    
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
    
    
    
    
    
        Whether approved for reporting?1 No
    
    
    
    
    
        For the Appellants                        : Mr Anuj Nag, Advocate in Cr.
                                                    Appeal No. 296 of 2010 and Mr
                                                    Digviijay Singh, Advocate in Cr.
                                                    Appeal No. 394 of 2010
    
        For respondents/State.                    : Mr       Lokender    Kutlehria,
                                                    Additional Advocate General, in
                                                    both the appeals.
    
    
    
    
    1
        Whether reporters of Local Papers may be allowed to see the judgment? Yes.
    
    
    
    
                                                                   ::: Downloaded on - 06/07/2026 20:35:51 :::CIS
                                      2
                                                              2026:HHC:26637
    
    
    
        Rakesh Kainthla, Judge
    

    The present appeals are directed against the

    .

    SPONSORED

    judgment of conviction dated 07.08.2010 and order of sentence

    dated 11.08.2010 passed by the learned Sessions Judge, Kangra at

    Dharamshala (learned Trial Court) vide which the appellants

    (accused before the learned Trial Court) were convicted and

    of
    sentenced as under:

    Sections
    rt
    Sentences

    Section 363 of The accused were sentenced to undergo simple
    the Indian imprisonment for three years each, pay a fine of
    Penal Code ₹5000/-each, and, in default of payment of the
    fine, to undergo simple imprisonment for six

    months.

    Section 366 of The accused were sentenced to undergo simple

    the Indian imprisonment for three years each, pay a fine of

    Penal Code ₹5000/- each and, in default of payment of the
    fine, to undergo simple imprisonment for six
    months.

    Section 368 of The accused were sentenced to undergo simple
    the Indian imprisonment for three years each, pay a fine of
    Penal Code ₹5000/- each and, in default of payment of the
    fine, to undergo simple imprisonment for six
    months.

    120-B of the The accused were sentenced to undergo simple
    Indian Penal imprisonment for six months each, pay a fine of
    Code ₹2000/- each and, in default of payment of the
    fine, to undergo simple imprisonment for one

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    3
    2026:HHC:26637

    month.

    All the substantive sentences of imprisonment were ordered to run

    .

    concurrently.

    (The parties shall hereinafter be referred to in the same manner as

    they were arrayed before the learned Trial Court for convenience).

    of

    2. Briefly stated, the facts giving rise to the present

    appeal are that the police presented a challan against the
    rt
    accused for the commission of offences punishable under

    Sections 363, 366, and 368, read with Section 120B of the Indian

    Penal Code (IPC). It was asserted that the victim (name being

    withheld to protect her identity) was about 17 years old. She was

    found missing on 24.12.2007. The efforts were made to locate

    her, but she could not be traced. The informant reported the

    matter to the police, and a missing entry was recorded on

    26.12.2007. Subsequently, the informant found that the victim

    was taken away by the accused Rakesh Kumar @ Khanna with

    the intent to marry her. He was also found missing from his

    home. The police registered the FIR (Ext.PW1/A). ASI Sunil

    Mohammad (PW15) investigated the matter. He filed an

    application (Ext.PW7/C) for obtaining the birth certificate of the

    victim. Smt. Sanju Bala (PW7) prepared the birth certificate of

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    4
    2026:HHC:26637

    the victim (Ext.PW7/B) showing that the victim was born on

    20.01.1991 and her birth was registered on 28.01.1991. This birth

    .

    certificate was seized vide memo (Ext.PW7/C). Ex-Pradhan,

    Jaram Singh (DW1) produced the victim and the accused Rakesh

    Kumar @ Khanna at Police Station Nurpur on 03.01.2008. The

    informant identified the victim as his daughter, who was found

    of
    missing. Memo of identification (Ext.PW1/C) was prepared.

    Custody of the victim was handed over to the informant vide
    rt
    memo (Ext.PW1/B). ASI Sunil Mohammad (PW15) filed an

    application (Ext.PW2/A) for the medical examination of the

    victim. Dr Suman Sexena (PW2) made enquiries from the victim.

    The victim refused to undergo her medical examination. MLC

    (Ext.PW2/B) was issued. ASI Sunil Mohammad (PW15) filed an

    application (Ext.PW3/A) for the medical examination of the

    accused Rakesh Kumar. Dr Ashutosh Joshi (PW3) examined the

    accused and found that there was nothing to suggest that the

    accused was incapable of performing sexual intercourse. He

    issued the MLC (Ext.PW3/B), preserved the samples, and handed

    them to the police official accompanying the accused. The

    accused Rakesh Kumar led the police to a temple where he had

    solemnised the marriage with the victim. A memo (Ext.PW11/A)

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    5
    2026:HHC:26637

    was prepared. The spot memo of the temple (Ext.PW15/A) was

    also prepared. The accused, Rakesh, led the police to the house

    .

    of the accused Situ @ Sureshta and disclosed that he and the

    victim had stayed in the house with effect from 24.12.2007 till

    31.12.2007. Memo (Ext.PW11/B) and Spot Map (Ext.PW15/B) were

    prepared. Accused Rakesh Kumar also showed the spot where he

    of
    and the victim had boarded the van on 24.12.2007. A memo

    (Ext.PW11/C) and the spot map (Ext.PW15/C) were prepared. Situ
    rt
    @ Sureshta produced two photographs (Ext.D1 and Ext.D2) of

    the solemnization of the marriage between the victim and the

    accused. These were seized vide memo (Ext.PW15/D).

    Statements of witnesses were recorded as per their version, and

    after the completion of the investigation, the challan was

    prepared and was presented before Learned Additional Chief

    Judicial Magistrate, Nurpur, District, Kangra, who committed it

    to the learned Sessions Judge, Dharamshala (learned Trial

    Court).

    3. The learned Trial Court charged the accused Rakesh

    Kumar @ Khanna with the commission of offences punishable

    under Sections 363, 366, and 376 read with Section 120-B of IPC

    and the other accused with the commission of offences

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    6
    2026:HHC:26637

    punishable under Sections 363, 366, 368 and Section 120B of

    IPC, to which the accused pleaded not guilty and claimed to be

    .

    tried.

    4. The prosecution examined 15 witnesses to prove its

    case. Informant (PW1), victim’s brother (PW4), and victim’s

    of
    mother (PW5) deposed about the circumstances in which the

    victim had left the home. Dr Suman Sexena (PW2) questioned
    rt
    the victim. Dr Ashutosh Joshi (PW3) examined the accused.

    Victim (PW6) deposed about her kidnapping. Sanju Bala (PW7)

    produced the birth certificate of the victim. Bhaga Devi (PW8)

    witnessed the recoveries. Veer Singh (PW9) saw the accused,

    Satya Devi and the victim together. Ravinder Kumar (PW10) was

    driving the van in which the victim was taken. Rai Singh (PW11)

    witnessed the disclosure statements made by the accused.

    Rattan Chand (PW12) had solemnised the marriage between the

    accused and the victim. Inspector Megh Nath (PW13) signed the

    FIR and prepared the challan. Dharam Chand (PW14) had

    entered the missing report (Ext.PW14/P). ASI Sunil Mohammad

    (PW15) investigated the matter.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    7

    2026:HHC:26637

    5. The accused, Rakesh Kumar, in his statement

    recorded under Section 313 of the Code of Criminal Procedure

    .

    (CrPC), admitted that the Secretary of the Gram Panchayat had

    produced the victim’s birth certificate. He stated that he had

    himself produced the victim in the Police Station. He admitted

    that he had shown the place from where he and the victim had

    of
    boarded the vehicle and that the photographs of his marriage

    with the victim were seized by the police. He stated that the
    rt
    prosecution witnesses falsely deposed against him due to the

    fear of the villagers. He was innocent and was falsely implicated.

    The other accused denied the prosecution’s case in its entirety

    and claimed that they were innocent and they were falsely

    implicated. Accused Satya Devi stated that witnesses deposed

    against her because of enmity. Accused Settu stated that the

    accused and the victim had solemnised the marriage

    themselves. They visited her house, but she turned them out of

    the house. They examined Jaram Singh (DW1) in their defence.

    6. Learned Trial Court held that the victim was forcibly

    taken away and kept at Talwara. She was forced to marry Rakesh

    Kumar against her Will. She was a minor on the date of the

    incident, aged about 16 years and 11 months. Her consent was

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    8
    2026:HHC:26637

    immaterial. She had refused to undergo the medical

    examination, and the prosecution’s case that the accused

    .

    Rakesh Kumar had raped her was not established beyond a

    reasonable doubt. Any person taking away or enticing a minor

    girl out of the guardianship of her father would be guilty of

    kidnapping. Kidnapping was with the intent to marry the victim

    of
    to the accused Rakesh. The victim was concealed in the house.

    The prosecution had proved its case beyond a reasonable doubt
    rt
    for the commission of offences punishable under Sections 363,

    366, 368, read with Section 120B of the IPC. Hence, the learned

    Trial Court convicted and sentenced the accused as mentioned

    above.

    7. Being aggrieved by the judgment and order passed by

    the learned Trial Court, the accused have filed separate appeals.

    In the appeal filed by the accused, Sureshta @ Situ, it was

    asserted that the learned Trial Court failed to appreciate the

    material on record. The statements of the prosecution witnesses

    contradicted each other on material aspects. The victim had

    refused to undergo a medical examination, which showed her

    consent. The victim’s date of birth was not proved as per the law.

    The victim had disclosed her age to the Medical Officer as 19

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    9
    2026:HHC:26637

    years, which made the prosecution’s case doubtful that the

    victim was a minor on the date of the incident. Therefore, it was

    .

    prayed that the present appeal be allowed and the judgment and

    order passed by the learned Trial Court be set aside.

    8. In the appeal preferred by Rakesh Kumar and Satya

    of
    Devi, it was asserted that the judgment is based on conjectures

    and surmises. The statements of the prosecution witnesses were
    rt
    not reliable. The date of birth of the victim was recorded by one

    Chunni Ram, who had no connection to the victim. Dr Suman

    Saxena (PW2) specifically stated that the victim had disclosed

    her age to be 19 years and that the accused Rakesh Kumar was

    her husband. The victim had voluntarily refused to undergo a

    medical examination. All these circumstances showed that the

    victim had married the accused voluntarily, without any

    influence from any person. She had also accompanied the co-

    accused as per the prosecution’s case without raising any

    protest. She was compelled to make a false statement in the

    Court by her relatives. There were material contradictions in the

    statements of the prosecution witnesses, and the learned Trial

    Court erred in relying upon the testimonies of the prosecution’s

    witnesses. Hence, it was prayed that the present appeal be

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    10
    2026:HHC:26637

    allowed and the judgment and order passed by the learned Trial

    Court be set aside.

    .

    9. I have heard Mr Anuj Nag and Mr Digvijay Singh,

    learned counsel for the appellants and Mr Lokender Kutlehria,

    learned Additional Advocate General for the respondents/State.

    of

    10. Mr Anuj Nag, learned counsel for the appellant,

    submitted that the learned Trial court erred in appreciating the
    rt
    material on record. The victim had disclosed her age to be 19

    years to the Medical Officer, clearly showing that she was not a

    minor on the date of the incident. The prosecution’s evidence

    proved that she had solemnised the marriage with the accused

    voluntarily without any influence from any person. She had even

    refused to undergo medical examination, and her statement to

    this effect was recorded in the MLC by the Medical Officer. She

    was subsequently threatened to make the statement against the

    accused, and learned Trial Court erred in relying upon her

    testimony. The statements of prosecution witnesses

    contradicted each other on material aspects. Therefore, it was

    prayed that the present appeal be allowed and the judgment and

    order passed by the learned Trial Court be set aside.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    11

    2026:HHC:26637

    11. Mr Digvijay Singh, learned counsel for the appellant,

    submitted that the learned Trial Court had not properly

    .

    appreciated the material on record. As per the prosecution, the

    victim had accompanied the co-accused Sita Devi. She was seen

    in the bazar and had not raised any hue and cry. This suggested

    that she was a consenting party. She had herself stated to the

    of
    driver of the van that she was accompanying the accused on her

    own. She had disclosed her age to be 19 years to the Medical
    rt
    Officer, a fact that was ignored by the learned Trial Court. The

    date of the birth certificate was not proper because no person

    related to her had mentioned her date of birth. All these

    circumstances made the prosecution’s case doubtful. Therefore,

    he prayed that the present appeal be allowed and the judgment

    and order passed by the learned Trial Court be set aside.

    12. Mr Lokender Kutlehria, learned Additional Advocate

    General for the respondent/State, submitted that the date of

    birth was recorded by a public official in discharge of his official

    duty, and it was per se admissible. The mere fact that the entry

    was recorded by some third person does not mean that the entry

    was false. The burden was upon the accused to rebut the

    presumption of correctness attached to the official acts, and no

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    12
    2026:HHC:26637

    evidence was led to rebut the presumption. The accused Rakesh

    admitted, in his statement recorded under Section 313 of CrPC,

    .

    that he had solemnised the marriage with the victim and that he

    had produced her before the police. These admissions prove the

    prosecution’s case that the accused had kidnapped the victim.

    There is no infirmity in the judgment and order passed by the

    of
    learned Trial Court. Hence, he prayed that the present appeal be

    dismissed. rt

    13. I have given a considerable thought to the

    submissions made at the bar and have gone through the records

    carefully.

    14. Sanju Bala (PW7) stated that she had supplied a copy

    of the victim’s birth certificate (Ext.PW7/P) showing that the

    victim was born on 20.01.1991 and her date of birth was

    registered on 28.01.1991. She stated in her cross-examination

    that the date of birth in the register was recorded at the instance

    of Chuni Ram, and the relationship between Chuni Ram and the

    victim was not mentioned. The entry was made in the presence

    of the ward member and Pradhan, but their signatures were not

    obtained regarding their presence.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    13

    2026:HHC:26637

    15. It was submitted that the statement of this witness

    made the prosecution’s case highly doubtful. The entry was

    .

    recorded at the instance of Sh. Chuni Ram, and there is no

    evidence to show that Chuni Ram was related to the victim. This

    submission will not help the accused. It was laid down by the

    Hon’ble Supreme Court in CIDCO v. Vasudha Gorakhnath

    of
    Mandevlekar
    , (2009) 7 SCC 283, that the death and birth register

    maintained by the statutory authority raises a presumption of
    rt
    correctness. It was observed:

    18. The deaths and births register maintained by the
    statutory authorities raises a presumption of correctness.

    Such entries made in the statutory registers are

    admissible in evidence in terms of Section 35 of the
    Evidence Act. It would prevail over an entry made in the
    school register, particularly in the absence of any proof

    that the same was recorded at the instance of the
    guardian of the respondent. (See Birad Mal Singhvi v.

    Anand Purohit [1988 Supp SCC 604: AIR 1988 SC 1796] .)

    16. Therefore, the entry in the birth register is to be

    presumed to be correct. In the present case, such an entry was

    made within 8 days of the birth, when no dispute had arisen.

    Therefore, the entry cannot be discarded simply because it was

    recorded at the instance of Chunni Ram.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    14

    2026:HHC:26637

    17. Dr Suman Sexena (PW2) stated in her cross-

    examination that the victim had disclosed her age as 19 years

    .

    during the enquiries made from her. It was submitted that the

    statement of Dr Suman Sexena (PW2) will make the

    prosecution’s case suspect that the victim was a minor at the

    time of the incident. This submission will not help the accused.

    of
    The victim cannot have any personal knowledge regarding her

    date of birth, as she was too young to comprehend her date of
    rt
    birth and her date of birth is usually told to a person by his/her

    relatives. Therefore, a statement made by the victim regarding

    her date of birth is hearsay and inadmissible in evidence.

    Therefore, no advantage can be derived from the statement

    made by the victim before the Medical Officer.

    18. Veer Singh (PW9) saw Satya Devi and the victim

    together on 24.12.2007. He stated in his cross-examination that

    he did not make any inquiry from them because he thought that

    they might be going to some temple. Ravinder Kumar (PW10)

    stated that he met Khanna @ Rakesh Kumar at Raja Ka Talab,

    and he had left after the accused had assured to pay the fuel

    charges. The victim met them at Rehan. Accused Khanna asked

    him to stop the vehicle. The victim boarded the vehicle. He

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    15
    2026:HHC:26637

    enquired from the victim where she was going, and she

    disclosed that there was some function in the house of the sister

    .

    of the accused, and she was going to the function with the

    accused. He dropped them at Talwara and left for Mukerian.

    19. It was submitted that the testimonies of these

    of
    witnesses show that the victim had voluntarily accompanied the

    accused and learned Trial Court had erred in convicting the
    rt
    accused of kidnapping. The submission will not help the

    accused, because the victim was proven to be born on 20.01.1991.

    Thus, she was aged less than 18 years on 24.12.2007 and

    incapable of giving any consent.

    20. Section 361 of the IPC defines kidnapping from lawful

    guardianship as under:

    361. Kidnapping from lawful guardianship
    Whoever takes or entices any minor under sixteen years

    of age if a male, or under eighteen years of age if a female,
    or any person of unsound mind, out of the keeping of the
    lawful guardian of such minor or person of unsound
    mind, without the consent of such guardian, is said to
    kidnap such minor or person from lawful guardianship.

    21. It is apparent from the bare perusal of the section

    that the offence of kidnapping is committed against the

    guardian, and the consent of the minor is immaterial. It was laid

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    16
    2026:HHC:26637

    down by the Hon’ble Supreme Court in Parkash v. State of

    Haryana, (2004) 1 SCC 339: 2004 SCC (Cri) 290: 2003 SCC OnLine

    .

    SC 1339 that the offence of kidnapping is for the protection of the

    minor, and the only consent of the guardian can take it out of

    the purview of section 361. It was observed at page 342:

    of
    “7. …The object of this section seems as much to protect
    the minor children from being seduced for improper
    purposes as to protect the rights and privileges of
    guardians having the lawful charge or custody of their
    rt
    minor wards. The gravamen of this offence lies in the
    taking or enticing of a minor under the age specified in

    this section, out of the keeping of the lawful guardian
    without the consent of such guardian. The words “takes
    or entices any minor … out of the keeping of the lawful
    guardian of such minor” in Section 361 are significant.

    The use of the word “keeping” in the context connotes
    the idea of charge, protection, maintenance and control;
    further, the guardian’s charge and control appear to be

    compatible with the independence of action and
    movement of the minor, the guardian’s protection and

    control of the minor being available whenever necessity
    arises. On plain reading of this section, the consent of the
    minor who is taken or enticed is wholly immaterial; it is

    only the guardian’s consent that takes the case out of its
    purview. Nor is it necessary that the taking or enticing
    must be shown to have been by means of force or fraud.
    Persuasion by the accused person, which creates
    willingness on the part of the minor to be taken out of the
    keeping of the lawful guardian, would be sufficient to
    attract the section.

    8. In State of Haryana v. Raja Ram [(1973) 1 SCC 544: 1973
    SCC (Cri) 428], English decisions were noticed by this
    Court for the purpose of illustrating the scope of the
    protection of minor children and of the sacred right of the

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    17
    2026:HHC:26637

    parents and guardians to the possession of their minor
    children under English law. The decisions noticed were R.
    v. Job Timmins
    [169 ER 1260: Bell 276], R. v. Handley [175 ER

    .

    890: 1 F & F 648] and R. v. Robb [176 ER 466: 4 F & F 59]. In

    the first case, Job Timmins was convicted of an
    indictment framed upon 9 Geo. IV, ch. 31, Section 20 for
    taking an unmarried girl under sixteen out of the

    possession of her father, and against his will. It was
    observed by Erle, C.J., that the statute was passed for the
    protection of parents and for preventing unmarried girls

    of
    from being taken out of the possession of their parents
    against their will. Limiting the judgment to the facts of
    that case, it was said that no deception or forwardness on
    the part of the girl in such cases could prevent the person
    rt
    taking her away from being guilty of the offence in
    question. The second decision is authority for the view

    that in order to constitute an offence under 9 Geo. IV, ch.
    31, Section 20, it is sufficient if, by moral force, a
    willingness on the part of the girl to go away with the
    prisoner is created; but if her going away with the

    prisoner is entirely voluntary, no offence is committed.
    The last case was of a conviction under the statute (24 &
    25Vict., ch. 100, Section 55). The inducement by previous

    promise or persuasion was held sufficient to bring the
    case within the mischief of the statute. In the English

    statutes, the expression used was “take out of the
    possession” and not “out of the keeping” as used in
    Section 361 IPC. But that expression was construed in the

    English decisions not to require actual manual
    possession. It was enough if, at the time of taking the girl
    continued under the care, charge and control of the
    parent — see R. v. Mankletow [(1853) 6 Cox Criminal Cases
    143: 169 ER 678]. These decisions were held to confirm the
    view that Section 361 is also designed to protect the
    sacred right of the guardians with respect to their minor
    wards.

    9. The position was again reiterated in Thakorlal D.
    Vadgama v. State of Gujarat
    [(1973) 2 SCC 413: 1973 SCC (Cri)

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    18
    2026:HHC:26637

    835: AIR 1973 SC 2313] wherein it was, inter alia, observed
    as follows : (SCC p. 421, para 10)
    “The expression used in Section 361 IPC is ‘whoever takes

    .

    or entices any minor’. The word ‘takes’ does not

    necessarily connote taking by force, and it is not confined
    only to the use of force, actual or constructive. This word
    merely means ‘to cause to go’, ‘to escort’ or ‘to get into

    possession’. No doubt it does mean physical taking, but
    not necessarily by use of force or fraud. The word ‘entice’
    seems to involve the idea of inducement or allurement by

    of
    giving rise to hope or desire in the other. This can take
    many forms, difficult to visualise and describe
    exhaustively; some of them may be quite subtle,
    depending on their success on the mental state of the
    rt
    person at the time when the inducement is intended to
    operate. This may work immediately, or it may create a

    continuous and gradual but imperceptible impression
    culminating after some time, in achieving its ultimate
    purpose of successful inducement. The two words ‘takes’
    and ‘entices’, as used in Section 361 IPC, are, in our

    opinion, intended to be read together so that each takes to
    some extent its colour and content from the other. The
    statutory language suggests that if the minor leaves her

    parental home completely uninfluenced by any promise,
    offer or inducement emanating from the guilty party,

    then the latter cannot be considered to have committed
    the offence as defined in Section 361 IPC.”

    22. This position was reiterated in Anversinh v. State of

    Gujarat, (2021) 3 SCC 12: (2021) 2 SCC (Cri) 18: 2021 SCC OnLine SC

    19, and it was held at page 20:

    16. A bare perusal of the relevant legal provisions, as
    extracted above, shows that the consent of the minor is
    immaterial for purposes of Section 361 IPC. Indeed, as
    borne out through various other provisions in the IPC and
    other laws like the Contract Act, 1872, minors are deemed

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    19
    2026:HHC:26637

    incapable of giving lawful consent. [Satish Kumar Jayanti
    Lal Dabgar v. State of Gujarat
    , (2015) 7 SCC 359, para 15 :

    (2015) 3 SCC (Cri) 108] Section 361 IPC, particularly, goes

    .

    beyond this simple presumption. It bestows the ability to

    make crucial decisions regarding a minor’s physical
    safety upon his/her guardians. Therefore, a minor girl’s
    infatuation with her alleged kidnapper cannot, by itself,

    be allowed as a defence, for the same would amount to
    surreptitiously undermining the protective essence of the
    offence of kidnapping.

    of

    23. Therefore, the consent of the minor would be

    immaterial, and no advantage can be derived from the fact that
    rt
    the victim had not raised any protests when she was with the

    accused.

    24. The victim (PW6) stated that she was born on

    20.01.1991. She knew the accused Rakesh Kumar, and his house

    was located at a distance of 10-20 metres from her house. Her

    father had gone for work, and her mother had left the house for

    the forest to collect fuel wood on 24.12.2007. She was at home

    with her brother and sister. Her mother returned after collecting

    firewood and left for the house of her aunt. Satya Devi came to

    the house and asked her to visit the temple. She (the victim)

    initially refused because her mother was not present at home.

    Accused, Satya insisted that they would be returning very

    shortly. She accompanied Satya. Satya took her to the Rehan bus

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    20
    2026:HHC:26637

    stand. She (Satya) said that she wanted to purchase medicine

    from the bus stand, and they would be returning after some

    .

    time. However, Satya did not bring any medicine from the bus

    stand. Rakesh Kumar (accused), Shashi and a driver of a van

    came within 10 minutes. She was asked to board the vehicle by

    Satya. Satya also told her that she would also be boarding the

    of
    vehicle, but she did not do so, and the victim was forcibly made

    to sit in the vehicle by Satya, Shashi and Rakesh. The vehicle was
    rt
    taken towards the Talwara side. She asked the accused to take

    her to her home. But the accused did not listen to her. She was

    taken to the house of Settu. Accused Rakesh Kumar forced her

    into marriage. She was beaten and kept in a room, and thereafter

    taken to a temple by Settu, Rakesh and a woman. She was

    married to Rakesh Kumar despite her unwillingness. She was

    taken to the Court and forced to sign some papers. She, Settu

    and Khanna stayed in the Gurudwara during the night. They

    were returning from Una, and Jaram Singh (DW1) met them.

    They were brought to the village, where they spent the night in

    the house of Jaram Singh. She and Rakesh were produced by

    Jaram Singh at the Police Station, Nurpur, where she narrated

    the incident to the police.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    21

    2026:HHC:26637

    25. She stated in her cross-examination that she was not

    a frequent visitor to the house of Rakesh Kumar and used to visit

    .

    his home in connection with some work. She had visited the

    bazar with Satya Devi 2-3 times. Her mother left at about 10-

    11:00 am to collect the fuel wood and returned at about 4:00-

    4:30 PM. Her aunt’s house is located at a distance of about 10

    of
    minutes walk from her house. Her father had left for work at

    about 8 AM. She and Satya went through the field to Rehan. The
    rt
    distance between the village Dhak and Rehan is about 6-7

    kilometres. She did not have a watch and could not tell the

    precise time when she was asked to board a vehicle. They walked

    on foot for about 20 minutes and stayed at Rehan bus stand for

    about 10-15 minutes. She had enquired from Satya as to why she

    was not purchasing the medicine. But Satya asked her to keep

    her mouth shut. The bus stand, Rehan, was a busy place, and

    many people were present in the bus stand at that time. She

    remained silent after she was told to keep her mouth shut. She

    was not aware of the fact that the Police Post was also located at

    Rehan. She did not raise any hue and cry because it would have

    brought her a bad name. The driver of the van had not asked her

    anything. She was threatened by the accused in the vehicle, and

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    22
    2026:HHC:26637

    she became unconscious due to fear. She had not cried in the

    vehicle because she was alone. Accused Rakesh, Shashi and Settu

    .

    told her that she was married to the accused Rakesh. She cried

    loudly in the house of Settu, but nobody saved her. She was kept

    in the house for about 2-3 days, and she kept weeping during

    this time. She was not allowed to move out of the house and

    of
    could not say whether any houses were located in the vicinity.

    She was forced to solemnise the marriage, and the photographs
    rt
    were taken. She had raised a hue and cry in the Gurudwara.

    Many people came and enquired from her, but the accused took

    her to a side and did not allow her to say anything. She had not

    said anything in the Court because she was not permitted to do

    so. Only her signatures were obtained in the Court. She reached

    the house of the Pradhan during the night and was produced in

    the Police Station the next day. She was confronted with various

    portions of her statement, and she denied having made such

    statements to the police. She admitted that she was married to

    some other person. She denied that she had voluntarily gone to

    Rehan and married Rakesh.

    26. The cross-examination of the victim shows that the

    accused has not disputed the fact that she had married the

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    23
    2026:HHC:26637

    accused. In fact, the marriage photographs were produced by the

    accused in her cross-examination. The accused Rakesh also

    .

    stated in his statement recorded under Section 313 of the Cr.P.C.

    that the photographs of the marriage were taken. He also

    admitted that he had pointed out the place from where he had

    taken the victim in the van. He claimed that he had produced the

    of
    victim in the Police Station. All these admissions corroborate the

    victim’s version that the accused Rakesh had taken her and
    rt
    solemnised a marriage with her. It was held by the Orissa High

    Court in Bagula Naik v. State of Orissa, 1999 SCC OnLine Ori 118:

    (1999) 87 CLT 808: 1999 Cri LJ 2077, that even if the victim had

    left the home voluntarily, but the accused had taken her to his

    house or some other place, the offence punishable under Section

    363 of IPC would be attracted. It was observed at page 810:

    “6. Second contention of the petitioner, as noted above, is

    twofold. Learned counsel for the petitioner, while arguing
    on this point, has contended that PW3, having left her
    house of her own, the petitioner cannot be accused of
    kidnapping for merely accompanying her to certain
    places, and therefore, his conduct cannot be termed as
    kidnapping or abduction. In that context, he relied upon
    the decisions reported in A.I.R. 1965 S.C. 942: S. Vardarajan
    v. State of Madras
    ; 1979 Crl.
    L.J. 1094: Pramod Kumar v.
    State
    and 1983 Crl.
    L.J. 1819: Lawrence Kanandas v. The State
    of Maharashtra.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    24

    2026:HHC:26637

    7. In the case of S. Vardarajan (supra), a college-going girl
    on the verge of majority from her side telephoned the
    accused and thereafter both of them went to the Sub-

    .

    Registrar’s office for registering the marriage agreement.

    The Apex Court judged the totality of the facts and
    circumstances and held it not to be a case of kidnapping.
    No such evidence is available in the record so far, in the

    present case, that it is at the instance of the p.w. 3 that the
    petitioner took her to his house or Athgarh. Hence, the
    aforesaid ratio is not applicable to the present case.

    of

    8. In the case of Pramod Kumar (supra), a grown-up boy
    aged about 16 years, committing theft of gold ornaments
    from his house, moved away from his town along with the
    accused. Prosecution alleged that the said accused was
    rt
    instrumental in the kidnapping of that boy. From the
    facts and evidence available in the record, it was found

    that the boy, of his own accord, not only left the house but
    also accompanied the accused and voluntarily stayed with
    him for a considerable period. Under such circumstances,
    the Allahabad High Court held it was not a case of

    kidnapping. Needless to say, the facts of that case are
    quite distinguishable from the present case.

    9. In the case of Lawrence Kanandas (supra), a school-
    going girl aged about 13 to 14, after attending the

    examination on the date of kidnapping, went away with
    the accused-petitioner, and he was convicted for the
    offence u/s. 363, I.P.C. Learned Single Judge of Bombay

    High Court, taking into consideration the evidence
    suggesting to the fact that it was the girl who had induced
    the accused to come to her School and to take her to
    different places and also the other facts and
    circumstances existing in that regard, found the
    appellant not guilty. Facts and circumstances of the
    present case are not similar since there is no evidence
    worth the name to make an inference that p.w. 3 ever
    requested the petitioner to take her away, either to his
    house or to Athgarh. Even the accused has not taken such
    a stand while cross-examining witnesses or giving his

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    25
    2026:HHC:26637

    statement u/s 313, Cr. P.C.. Hence, the aforesaid decision
    of the Bombay High Court is of no help to the petitioner.

    27. It was laid down by Hon’ble Supreme Court in State of

    .

    Haryana v. Raja Ram, (1973) 1 SCC 544: 1973 SCC (Cri) 428: 1972

    SCC OnLine SC 497, that accused cannot escape conviction

    because he had not gone to the house of the victim to bring her,

    of
    if the victim was persuaded by the act of the accused in leaving

    the home, he would be guilty. It was observed at page 549: –

    rt
    “9. In the present case the evidence of the prosecutrix as
    corroborated by the evidence of Narain Das, PW 1 (her

    father), Abinash Chander PW 3 (her brother) and Smt
    Tarawanti PW 4 (her mother) convincingly establishes
    beyond reasonable doubt: (1) that Jai Narain had tried to
    become intimate with the prosecutrix and to seduce her

    to go and live with him and on objection having been
    raised by her father who asked Jai Narain not to visit his
    house, Jai Narain started sending message to the

    prosecutrix through Raja Ram, respondent; (2) that Raja
    Ram, respondent, had been asking the prosecutrix to be

    ready to accompany Jai Narain; (3) that at about 12 noon
    on April 4, Raja Ram went to see the prosecutrix at her
    house and asked her to visit his house when he would

    convey Jai Narain’s message to her; (4) that on the same
    day after some time Sona was sent by her father to the
    house of the prosecutrix to fetch her to his house where
    the prosecutrix was informed that Jai Narain would come
    that night and would take the prosecutrix away and (5)
    that Raja Ram accordingly asked the prosecutrix to visit
    his house at about midnight so that she may be entrusted
    to Jai Narain. This evidence was believed by the learned
    Additional Sessions Judge who convicted the respondent,
    as already noticed. The learned Single Judge also did not
    disbelieve her statement. Indeed, in the High Court, the

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    26
    2026:HHC:26637

    learned Counsel for Raja Ram had proceeded on the
    assumption that the evidence of the prosecutrix is
    acceptable, the argument being that even accepting her

    .

    statement to be correct, no offence was made out against

    Raja Ram. Once the evidence of the prosecutrix is
    accepted, in our opinion, Raja Ram cannot escape
    conviction for the offence of kidnapping her from her

    father’s lawful guardianship. It was not at all necessary
    for Raja Ram to have gone to the house of the prosecutrix
    to bring her from there on the midnight in question. It

    of
    was sufficient if he had earlier been soliciting or
    persuading her to leave her father’s house to go with him
    to Jai Narain. It is fully established on the record that he
    had been conveying messages from Jai Narain to the
    rt
    prosecutrix and had himself been persuading her to
    accompany him to Jai Narain’s place, where he would

    hand her over to him. Indisputably, the last message was
    conveyed by him to the prosecutrix when she was brought
    by his daughter Sona from her own house to his, and it
    was pursuant to this message that the prosecutrix

    decided to leave her father’s house at midnight in
    question for going to Raja Ram’s house for the purpose of
    being taken to Jai Narain’s place. On these facts, it is

    difficult to hold that Raja Ram was not guilty of taking or
    enticing the prosecutrix out of the keeping of her father’s

    lawful guardianship. Raja Ram’s action was the proximate
    cause of the prosecutrix going out of the keeping of her
    father, and indeed, but for Raja Ram’s persuasive offer to

    take her to Jai Narain, the prosecutrix would not have
    gone out of the keeping of her father, who was her lawful
    guardian, as she actually did. Raja Ram actively
    participated in the formation of the intention of the
    prosecutrix to leave her father’s house. The fact that the
    prosecutrix was easily persuaded to go with Raja Ram
    would not prevent him from being guilty of the offence of
    kidnapping her. Her consent or willingness to accompany
    Raja Ram would be immaterial, and it would be equally so
    even if the proposal to go with Raja Ram had emanated
    from her. There is no doubt a distinction between taking

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    27
    2026:HHC:26637

    and allowing a minor to accompany a person. But the
    present is not a case of the prosecutrix herself leaving her
    father’s house without any inducement by Raja Ram, who

    .

    merely allowed her to accompany him.”

    28. Similarly, it was held in Anversinh v. State of Gujarat,

    (2021) 3 SCC 12: (2021) 2 SCC (Cri) 18: 2021 SCC OnLine SC 19 that

    where the accused had the intent to marry the victim, her

    of
    enticement was duly proved. It was observed at page 20:-

    “13. A perusal of Section 361 IPC shows that it is necessary
    that there be an act of enticing or taking, in addition to
    rt
    establishing the child’s minority (being sixteen for boys
    and eighteen for girls) and care/keep of a lawful guardian.

    Such “enticement” need not be direct or immediate in
    time and can also be through subtle actions like winning
    over the affection of a minor girl. [Thakorlal D. Vadgama v.
    State of Gujarat
    , (1973) 2 SCC 413, para 10: 1973 SCC (Cri)

    835] However, mere recovery of a missing minor from the
    custody of a stranger would not ipso facto establish the
    offence of kidnapping. Thus, where the prosecution fails

    to prove that the incident of removal was committed by or
    at the instigation of the accused, it would be nearly

    impossible to bring the guilt home as happened in King
    Emperor v. Gokaran [King Emperor v. Gokaran, 1920 SCC

    OnLine Oudh JC 32: AIR 1921 Oudh 226] and Emperor v.
    Abdur Rahman [Emperor v. Abdur Rahman, 1916 SCC
    OnLine All 63: AIR 1916 All 210].

    29. It was submitted that the victim had made the false

    statements before the Court, which adversely affected her

    credibility. She claimed that the driver of the van had not talked

    to her, whereas Ravinder Kumar, the driver of the van, had

    specifically stated that he had made enquiries from the victim,

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    28
    2026:HHC:26637

    and the victim replied that she was going to attend some

    function at the house of the sister of the accused. Further, she

    .

    claimed that she had raised hue and cry in the van and the

    accused had threatened her. Ravinder Kumar (PW10) had not

    stated any such fact; rather, he stated in his cross-examination

    that the accused and the victim were laughing in the rear seat of

    of
    his van. They appeared to be happy in the van. This submission

    will not help the accused. Learned Trial Court had rightly
    rt
    pointed out that the principle of falsus in uno falsus in omnibus

    does not apply to India. It was laid down by the Hon’ble Supreme

    Court in State of Punjab versus Hari Singh, AIR 1974 SC 1168, that it

    is very difficult to find a witness whose evidence is so flawless

    that it has to be wholly, completely and unqualifiedly accepted.

    The principle of falsus in uno, falsus in omnibus, does not apply in

    India, and the Court has to separate the grain from the chaff. It

    was observed:

    “As human testimony resulting from widely different
    powers of observation and description is necessarily
    faulty and even truthful witnesses not infrequently
    exaggerate or imagine or tell half-truths, the Courts must
    try to extract and separate the hard core of truth from the
    whole evidence. This is what is meant by the proverbial
    saying that Courts must separate “the chaff from the
    grain”. If, after considering the whole mass of evidence, a

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    29
    2026:HHC:26637

    residue of acceptable truth is established by the
    prosecution beyond any reasonable doubt, the Courts are
    bound to give effect to the result flowing from it and not

    .

    throw it overboard on purely hypothetical and conjectural

    grounds. Insofar as the grounds given for rejecting the
    evidence of Zora Singh appear to us to be patently
    unreasonable and highly conjectural, we think that the

    case before us calls for interference by this Court. That
    evidence, as we have already pointed out, is corroborated
    by medical evidence as well as by the statements of Surjit

    of
    Singh and Bachan Singh. Hence, although, the statements
    of Bachan Singh and Surjit Singh, taken by themselves,
    may not have been enough to warrant the conviction of
    the respondents, yet, when the evidence of Zora Singh,
    rt
    strongly corroborated by medical evidence is there, we
    think that the statement of Surjit Singh and Bachan Singh

    could be used to support the conclusion thus reached
    without going to the extent of holding that Surjit Singh
    and Bachan Singh must be wholly believed before their
    evidence could serve any useful purpose at all as the High

    Court seems to have erroneously thought. Indeed, it is
    very difficult to find a witness whose evidence is so
    flawless that it has to be wholly, completely, and

    unqualifiedly accepted. We think that the High Court had,
    without saying so, ignored the principle repeatedly laid

    down by this Court in appraising evidence, that Courts do
    not, in this country, act on the maxim: “falsus in uno
    falsus in omnibus”. In considering the effect of each

    allegation proved to be incorrect or the likelihood of its
    being true or untrue, we have to view it in the light of a
    whole setting or concatenation of facts in each particular
    case.

    30. This position was reiterated in State of Andhra

    Pradesh Vs. Pullagunmi Kasireddy 2018(7) SCC 623, and it was held

    that falsus in uno, falsus in omnibus had not been accepted in our

    country. It was observed:

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    30

    2026:HHC:26637

    “The principle of ‘Falsus in uno falsus in omnibus’ has
    not been accepted in our country. See Bhagwan Jagannath
    Markad v. State of Maharashtra
    , 2016 (10) SCC 537. Even if

    .

    some accused are acquitted on the ground that the

    evidence of a witness is unreliable, the other accused can
    still be convicted by relying on the evidence of the same
    witness. See Gangadhar Behera v. State of Orissa, 2002 (8)

    SCC 381. Minor contradictions and omissions in the
    evidence of a witness are to be ignored if there is a ring of
    truth in the testimony of a witness. See State of U.P. v. Dan

    of
    Singh
    , 1997 (3) SCC 747. The High Court was oblivious to
    this settled position of law.”

    31. Similar is the judgment in Menoka Malik v. State of
    rt
    W.B., (2019) 18 SCC 721: (2020) 3 SCC (Cri) 658: 2018 SCC OnLine SC

    1196, wherein it was observed at page 729:

    14. It is a well-settled position of law that the testimony
    of a witness cannot be discarded in toto merely due to the

    presence of embellishments or exaggerations. The
    doctrine of falsus in uno, falsus in omnibus, which means
    “false in one thing, false in everything”, has been held to

    be inapplicable in the Indian scenario, where the
    tendency to exaggerate is common. This Court has

    endorsed the inapplicability of the doctrine in several
    decisions, such as Nisar Ali v. State of U.P. [Nisar Ali v. State

    of U.P., AIR 1957 SC 366: 1957 Cri LJ 550], Ugar Ahir v. State
    of Bihar [Ugar Ahir v. State of Bihar, AIR 1965 SC 277 : (1965)
    1 Cri LJ 256], Sucha Singh v. State of Punjab [Sucha Singh v.

    State of Punjab, (2003) 7 SCC 643: 2003 SCC (Cri) 1697],
    Narain v. State of M.P. [Narain v. State of M.P., (2004) 2 SCC
    455: 2004 SCC (Cri) 569] and Kameshwar Singh v. State of
    Bihar [Kameshwar Singh v. State of Bihar, (2018) 6 SCC 433 :

    (2018) 3 SCC (Cri) 113]. In Krishna Mochi v. State of Bihar
    [Krishna Mochi v. State of Bihar, (2002) 6 SCC 81: 2002 SCC
    (Cri) 1220], this Court highlighted the dangers of applying
    the doctrine in the Indian scenario: (Krishna Mochi case

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    31
    2026:HHC:26637

    [Krishna Mochi v. State of Bihar, (2002) 6 SCC 81: 2002 SCC
    (Cri) 1220], SCC pp. 113-14, para 51)

    51. … The maxim falsus in uno, falsus in omnibus has

    .

    no application in India, and the witnesses cannot be

    branded as liars. The maxim falsus in uno, falsus in
    omnibus (false in one thing, false in everything) has
    not received general acceptance, nor has this maxim

    come to occupy the status of a rule of law. It is merely a
    rule of caution. All that it amounts to is that in such
    cases testimony may be disregarded, and not that it

    of
    must be disregarded. The doctrine merely involves the
    question of the weight of evidence which a court may
    apply in a given set of circumstances, but it is not what
    may be called “a mandatory rule of evidence”. (See
    rt
    Nisar Ali v. State of U.P. [Nisar Ali v. State of U.P., AIR
    1957 SC 366: 1957 Cri LJ 550] )… The doctrine is a

    dangerous one, especially in India, for if a whole body
    of the testimony were to be rejected, because the
    witness was evidently speaking an untruth in some
    aspect, it is to be feared that administration of

    criminal justice would come to a dead stop. Witnesses
    just cannot help but give embroidery to a story,
    however true in the main. Therefore, it has to be

    appraised in each case as to what extent the evidence
    is worthy of acceptance, and merely because in some

    respects the court considers the same to be
    insufficient for placing reliance on the testimony of a

    witness, it does not necessarily follow as a matter of
    law that it must be disregarded in all respects as well.
    The evidence has to be sifted with care. The aforesaid
    dictum is not a sound rule for the reason that one
    hardly comes across a witness whose evidence does
    not contain a grain of untruth or, at any rate,
    exaggeration, embroidery, or embellishment. (See
    Sohrab v. State of M.P. [Sohrab v. State of M.P., (1972) 3
    SCC 751: 1972 SCC (Cri) 819] and Ugar Ahir v. State of
    Bihar [Ugar Ahir v. State of Bihar, AIR 1965 SC 277: (1965)
    1 Cri LJ 256].) An attempt has to be made to, as noted

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    32
    2026:HHC:26637

    above, in terms of felicitous metaphor, separate the
    grain from the chaff, truth from falsehood.”
    15 [Ed.: Para 15 corrected vide Official Corrigendum No.

    .

    F.3/Ed.B.J./93/2018 dated 30-1-2019. It is not uncommon

    for witnesses to make exaggerations during the course of
    evidence. But merely because there are certain
    exaggerations, improvements and embellishments, the

    entire prosecution story should not be doubted. In Ranjit
    Singh v. State of Punjab [Ranjit Singh
    v. State of Punjab,
    (2013) 16 SCC 752: (2014) 6 SCC (Cri) 439], this Court

    of
    observed: (SCC p. 762, para 26)
    “26. It is trite that even when exaggerations and
    embellishments are galore, the courts can and indeed
    rt
    are expected to undertake a forensic exercise aimed at
    discovering the truth. The very fact that a large
    number of people were implicated in the incident in

    question who now stand acquitted by the High Court
    [Amrik Singh v. State of Punjab, 2009 SCC OnLine P&H
    3268] need not have deterred the High Court from

    appreciating the evidence on record and discarding
    what was not credible while accepting and relying
    upon what inspired confidence. That exercise was

    legitimate, for otherwise the Court would be seen as
    abdicating and surrendering to distortions and/or

    embellishments, whether made out of bitterness or
    any other reason, including shoddy investigation by
    the agencies concerned. The ultimate quest for the

    court at all times remains “discovery of the truth”,
    and unless the court is so disappointed with the
    difficulty besetting that exercise in a given case as to
    make it impossible for it to pursue that object, it must
    endeavour in that direction.”

    16. This Court in State of Punjab v. Hari Singh [State of
    Punjab
    v. Hari Singh, (1974) 4 SCC 552: 1974 SCC (Cri) 588],
    observed as follows: (SCC p. 559, para 16)
    “16. As human testimony, resulting from widely
    different powers of observation and description, is

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    33
    2026:HHC:26637

    necessarily faulty and even truthful witnesses not
    infrequently exaggerate or imagine or tell half-truths,
    the courts must try to extract and separate the hard

    .

    core of truth from the whole evidence. This is what is

    meant by the proverbial saying that courts must
    separate “the chaff from the grain”. If, after
    considering the whole mass of evidence, a residue of

    acceptable truth is established by the prosecution
    beyond any reasonable doubt, the courts are bound to
    give effect to the result flowing from it and not throw

    of
    it overboard on purely hypothetical and conjectural
    grounds.”

    17. Thus, it cannot be doubted that it is the duty of the
    court to separate the chaff from the grain. Moreover,
    rt
    minor variations in the evidence will not affect the root of
    the matter, inasmuch as such minor variations need not

    be given major importance, inasmuch as they would not
    materially alter the evidence/credibility of the
    eyewitnesses as a whole.

    32. Therefore, the testimony of the victim cannot be

    discarded simply because she had made some false statements

    during the course of her deposition.

    33. The victim’s brother (PW4) Ravi Kumar stated that

    the victim is his elder sister. He, the victim and other children

    were present in the house. Their parents were away from the

    house. Satya Devi came to their house at about 12:00-12:30 noon

    and asked the victim to accompany her to a temple. The victim

    went away with Satya Devi and did not return thereafter. His

    mother returned in the evening, and he disclosed that the victim

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    34
    2026:HHC:26637

    had gone with Satya Devi to the temple. He stated in his cross-

    examination that his mother had gone to get rations from

    .

    Village Dhak. She returned at about 05:30 P.M. Satya Devi called

    the victim from outside the house. He was playing cricket with

    other children. The victim had not collected any articles from

    the house. He denied that he had not seen the victim

    of
    accompanying Satya Devi, and he was making a false statement.

    34.
    rt
    The testimony of this witness corroborates the

    testimony of the victim that Satya Devi had taken her from her

    home.

    35. It was submitted that this witness stated that his

    mother had gone to village Dhak to get ration, whereas the

    victim stated that her mother had gone to the Village to collect

    fuel wood and thereafter to the house of the victim’s aunt. These

    testimonies show that the witnesses were making a false

    statement. This submission will not help the accused. The

    absence of the victim’s mother from the house was a matter of

    detail not related to the core of the prosecution case, and if there

    is some discrepancy in the testimonies of the witnesses

    regarding the reasons for the absence of the victim’s mother, it

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    35
    2026:HHC:26637

    would not adversely affect the prosecution case. Thus, the

    testimony of this witness cannot be discarded simply because of

    .

    some discrepancy regarding the reasons for the absence of her

    mother.

    36. Jaram Singh (DW1) stated that he visited the Police

    of
    Station along with the cousin brother of the accused on

    31.12.2007. The police said that the relatives of the accused
    rt
    would be aware of the whereabouts of Rakesh and the victim. He

    received a call from the sister of the accused at about 04.00 p.m.

    that accused Rakesh and the victim had visited her house. She

    had advised them to return to their village. The police told him

    and the relatives of the accused to bring the accused and the

    victim from Una. The victim and the accused met near the petrol

    pump bus stand in Una. The victim said that she had married the

    accused and did not want to go back to her parents’ house. The

    victim agreed to accompany him to Nurpur. He called the

    Investigating Officer and told him that he was bringing Rakesh

    and the victim with him. He produced the accused and the victim

    before the police at Police Station Nurpur. The victim disclosed

    that she was a major and was happily married to the accused.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    36

    2026:HHC:26637

    37. The statement of this witness does not support the

    defence version; rather, it supports the version of the

    .

    prosecution that the accused, Rakesh, had taken the victim with

    him and solemnised marriage with her, as this witness had

    specifically stated that the victim disclosed to him that she had

    married the accused. Since the victim was a minor, her consent

    of
    was immaterial, and his testimony that the victim wanted to

    reside with the accused and did not want to go to the house of
    rt
    her parents would not demolish the prosecution’s version.

    38. The victim’s father (PW1) stated that he had left for a

    walk in the morning. His wife and children were present in the

    house. He reached home during the evening and found that the

    victim was missing. He made enquiries, but he could not trace

    the victim. He reported the matter to the police. He stated in his

    cross-examination that 2-3 offers for the marriage of the victim

    were received. He denied that he was aware of the love affair

    between the victim and the accused and had beaten the victim

    because of this.

    39. It was submitted that the admission made by this

    witness in the cross-examination that 2-3 offers were received

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    37
    2026:HHC:26637

    for the victim’s marriage would probabilise the version that the

    victim was major and that is why the offers for the marriage

    .

    were being received. This submission cannot be accepted. The

    victim was on the verge of the majority, and the marriage would

    not have been solemnised immediately. Therefore, the mere

    receipt of the offers for marriage does not mean that the victim

    of
    was a major.

    40.
    rt
    A suggestion was made to him in the cross-

    examination that he knew about the love affair between the

    accused and the victim, clearly showing that the accused is

    taking a defence that he was in love with the victim. This

    defence will not assist the accused; rather, it will go against his

    interest because it will show that the victim was persuaded by

    the acts of the accused to leave the house.

    41. The victim’s father did not say that the victim had

    left the home with his consent, which was the material question

    in a case of kidnapping.

    42. The victim’s mother (PW5) stated that her husband

    had gone from the house for his work, and she had gone to the

    forest to collect fuel. She left her children at home. She returned

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    38
    2026:HHC:26637

    at about 2:00-2:30 PM and saw that the victim and other

    children were present at home. She went to the depot to

    .

    purchase the sugar. When she returned at about 05.30 p.m., she

    found the victim missing. Her son disclosed that the accused

    Satya had taken the victim with her. She disclosed this fact to

    her husband on his return. She stated in her cross-examination

    of
    that she had gone to collect fuel wood at about 08.30 a.m. and

    her husband had left the home at about 08.00 a.m. She denied
    rt
    that the victim was present at home when she returned after

    purchasing the sugar. She searched for the victim in the

    neighbourhood. She denied that the house of Satya was open

    and stated that her house was bolted. She admitted that she was

    not interested in getting the victim married to the accused. The

    victim had never left the home before that day without seeking

    permission. She denied that she had falsely implicated the

    accused.

    43. It was submitted that the testimony of this witness

    contradicts the testimonies of the victim and her brother

    because she stated that she had gone to purchase sugar from the

    ration depot, whereas the victim stated that she had gone to the

    house of the victim’s aunt. This contradiction will not be

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    39
    2026:HHC:26637

    significant because it is a minor detail not related to the

    incident, and a person is bound to forget such a minor detail

    .

    with the lapse of time.

    44. It was submitted that there is a discrepancy between

    her testimony and the testimony of her son regarding the time

    of
    of her return, since her son stated that Satya Devi had visited the

    house at about 12-12:30 p.m., whereas she stated that the victim
    rt
    was present at home at about 2:00-2:30 PM. This submission

    will not help the accused. The victim stated that she did not have

    the watch. Her mother stated that she was an illiterate person.

    Therefore, the statement made by the victim’s mother was

    based on guesswork. The victim’s brother was a minor and could

    not have been expected to keep a watch to note the time. Thus,

    the testimonies of these witnesses cannot be discarded because

    of the discrepancy in the time.

    45. Therefore, the testimonies of the victim’s parents

    corroborated the victim’s version that she was a minor and was

    taken out of the guardianship of her parents without the consent

    of her parents. The statement of the victim and her brother

    showed that Satya Devi had visited the victim’s house and had

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    40
    2026:HHC:26637

    taken the victim with her. The victim and Satya Devi were seen

    together by Veer Singh (PW9). It was laid down by the Allahabad

    .

    High Court in Dalchand v. State, AIR 1969 All 216, that if the child

    is taken out of the keeping of her parents, the offence is

    complete, and it is immaterial whether she was taken for some

    distance or permanently away. It was observed:

    of

    21. The taking need not be by force, and it is immaterial
    whether the minor girl consents or not. All that is
    rt
    necessary is that there must be taking of a child out of the
    keeping of the parents. Nor need enticement be confined

    to any single form of allurement. Offer of sweetmeats is
    one such form. Even the enticing away of a child playing
    on a public road is sufficient. The act of taking is not, in
    the proper sense of the term, a continuous act. But where

    the minor has been actually taken out of the keeping of
    her guardian, the act is a completed one. There is
    consequently not the slightest doubt that the minor girl

    was kidnapped.

    46. Punjab High Court also took a similar view in Chhajju

    Ram v. State of Punjab, AIR 1968 P&H 439 and observed:

    6. The next argument advanced by the appellants’
    counsel was that the prosecutrix in this case was removed
    only a few yards from the house of her father and,
    therefore, it would not amount to taking her out of the
    lawful keeping of her guardian. In determining whether a
    person takes a minor out of the lawful keeping of its
    guardian, the distance is immaterial. In my opinion, even
    if a person takes a minor girl without the consent of her
    guardian to a distance of twenty or thirty yards, as in this
    case, it would amount to taking her out of the keeping of

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    41
    2026:HHC:26637

    her lawful guardian as required by section 361 of the
    Penal Code, 1860. I am, therefore, of the view that the
    case against the appellants is proved. The sentence under

    .

    the circumstances is adequate. I accordingly dismiss this

    appeal and the revision filed by the complainant.

    47. Therefore, taking of the minor victim in the present

    case was complete when she was taken from her home on the

    pretext of visiting the temple, and she was not returned to the

    of
    custody of her parents.

    48. The statement of Ravinder Kumar (PW10) shows that
    rt
    the victim was waiting at Rehan. The victim stated that she was

    with Satya Devi and was made to board the vehicle. This shows

    that the accused Rakesh and Satya were acting in concert to take

    away the victim from the lawful guardianship of her parents.

    The victim was subsequently taken to the house of Seetu, where

    she was kept for about 2-3 days. The victim stated that she was

    not permitted to leave the home. Thus, as per her testimony, the

    victim was confined in the home of Settu, which would

    constitute an offence punishable under Section 368 of the IPC.

    49. In the present case, the victim was kidnapped from

    the lawful guardianship of her parents with the intent to force

    her to marry the accused Rakesh. Thus, an offence punishable

    under Section 366 of the IPC was committed. The offence

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    42
    2026:HHC:26637

    punishable under Section 366 of the IPC is an aggravated form

    of an offence punishable under Section 363 of the IPC. A person

    .

    cannot be sentenced for the commission of a minor offence

    when he has been sentenced for the commission of a major

    offence as per Section 71 of the IPC. Therefore, the learned Trial

    Court erred in sentencing the accused for the commission of an

    of
    offence punishable under Section 363 of the IPC.

    50.
    rt
    The evidence shows that all the accused were acting

    together. Satya Devi had taken the victim from her home.

    Rakesh had taken her in a van to the house of Settu, where she

    was confined to the house and was forced to marry Rakesh. The

    conspiracy is not proved by direct evidence but can be inferred

    from the circumstances. In the present case, the fact that all the

    accused were acting together shows that they had entered into a

    conspiracy to take the minor out of the lawful guardianship of

    her parents to marry her to Rakesh and for this purpose, they

    had kept her in the house of the accused Settu. Thus, there is no

    infirmity in the conviction recorded by the learned Trial Court

    for the commission of offences punishable under Sections 366,

    368 and 120B of the IPC.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    43

    2026:HHC:26637

    51. The learned Trial Court sentenced the accused to

    undergo simple imprisonment for 3 years each for the

    .

    commission of offences punishable under Sections 366 and 368

    of the IPC. The offence punishable under Section 366 of the IPC

    is punishable with an imprisonment of 10 years, and the offence

    punishable under Section 368 punishes a person in the same

    of
    manner as if he had kidnapped or abducted such person with the

    same intention or knowledge and for the same purpose for
    rt
    which he had concealed him. Thus, the offence would be

    punishable with imprisonment of 10 years. The fact that a minor

    girl was taken out of the lawful guardianship of her parents

    shows the gravity of the offence, and the learned Trial Court had

    taken a lenient view while imposing a sentence of 3 years, which

    does not require any interference from this Court.

    52. No other point was urged.

    53. In view of the above, the present appeals are partly

    allowed, and the sentence imposed by the learned Trial Court for

    the commission of an offence punishable under Section 363 of

    the IPC is set aside.

    ::: Downloaded on – 06/07/2026 20:35:51 :::CIS
    44

    2026:HHC:26637

    54. Subject to this modification, the rest of the judgment

    and order passed by the learned Trial Court are upheld.

    .

    55. The present appeals stands disposed of, and so are

    the pending miscellaneous application(s), if any.

    56. The record of the learned Courts below be returned

    of
    with a copy of the judgment.

                              rt                     (Rakesh Kainthla)
                                                        Judge
    
         6th July, 2026
              (Nikita)
    
    
    
    
    
    
    
    
                                                     ::: Downloaded on - 06/07/2026 20:35:51 :::CIS
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here