Threat Of Suicide To Force Girl To Accompany Accused Constitutes Kidnapping: Bombay High Court

If a man threatens a girl to come along with him else he will commit suicide, the same would amount to 'enticing' her and a clear case of kidnapping is made out in such circumstances, held the Goa bench of the Bombay High Court recently.

Single-judge Justice Shreeram Shirsat while upholding a man's conviction under section 363 (kidnapping) and section 376 (rape) of the Indian Penal Code (IPC) and the provisions of the Protection Of Children from Sexual Offences (POCSO) Act, noted the testimony of the victim, who stated that the appellant had asked her to meet him at the Panaji Bus Stand on December 11, 2021 and had clearly threatened her that if she would not come, he will commit suicide. 

The judge noted that the victim had stated in her testimony that she left her house only because she was scared that the appellant may harm himself. 

"Therefore, what emerges out of the categorical admissions given by the victim, is that she has left the house not on her own accord but at the instance of the Appellant and the Appellant by putting the victim under fear that the he would commit suicide, if she does not come, has induced and enticed her to leave the house. The victim out of fear and under coercion has left the house. Inducement or for that matter, enticement by the Appellant, that if she does not come with him, he will commit suicide has created a fear in the mind of the victim pursuant to which the victim has taken the step to leave the house. This is a clear case of enticing by the appellant and taking her out of the custody of her lawful guardian," Justice Shirsat held in the judgment delivered on February 16. 

The Appellant, by threatening her that he would commit suicide if she does not come, has succeeded in influencing the victim's mental state at the time when the inducement was made and caused her to leave the house, the judge said, adding, "To establish the offence, it was not necessary for the prosecution to prove that the Appellant should have forcibly taken her out of the custody of the lawful guardian, but that she was “caused to go” by the influence which was created in her mind by the Appellant and which indeed caused her to leave the custody of the lawful guardian is itself sufficient to come to conclusion that the victim was enticed and taken away from the custody of the lawful guardian without the consent."

Therefore, the judge held, "It is thus proved beyond reasonable doubt that the Appellant by putting the victim under emotional duress and coercion that he will commit suicide has influenced her mental state and which has weighed on her mind to cause her to leave the house from the custody of her mother, proves beyond reasonable doubt that the Appellant has committed the offence punishable under section 363 IPC."

As per the prosecution case, the girl, who was 16 years of age (at the relevant time) after accompanying the Appellant, who was 32-year-old was taken to Ahmedabad where a rented room was arranged. However, on January 3, 2022, the victim phone called her mother informing her that the Appellant had sexual intercourse with her on multiple days and that she wanted to return to her parents place at Panaji. 

Accordingly, the police arrested the Appellant and he was later sentenced by a Fast Track Court to spend 10 years in prison along with fine amounts.

Justice Shirsat found the girl's testimony to be trustworthy and confidence inspiring and held that the prosecution proved its case beyond reasonable doubt. The judge, therefore upheld the Appellant's conviction. 

Appearance:

Advocate Sahil Sardessai appeared for the Appellant. 

Additional Public Prosecutor Pravin Faldessai represented the State. 

Case Title: Shobhit Kumar vs State (Criminal Appeal 318 of 2023-F)

Citation: 2026 LiveLaw (Bom) 90

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