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Mohammed Yousuf @ Moula & Anr. v. The State of Karnataka

Criminal Appeal · 2020 INSC 459Decided 22 Jul 2020
Criminal Appeal No. 1938 of 2010
Justice N.V. Ramana · Justice S. Abdul Nazeer · Justice Surya Kant

Background

The appellants, who were tenants of the victim's father and were evicted after the first appellant expressed a desire to marry the victim (then around 15 years old), allegedly kidnapped her in July 2002 while she had gone to buy a notebook, forcibly took her to another district, and had her married to the first appellant at a mosque without her consent. The trial court convicted the appellants under Sections 366, 343, 323 and 506 IPC (kidnapping to compel marriage, wrongful confinement, hurt, and criminal intimidation), and the Karnataka High Court upheld the conviction. The appellants challenged this before the Supreme Court, arguing the victim was 18 and had gone willingly.

Decision Breakdown

The Supreme Court held that the prosecution had proved the victim's age as a minor (around 15) through her school marksheet and the investigating officer's testimony, which the defense failed to rebut. The Court found the victim's testimony that she was forcibly taken, confined with her legs tied, and physically harmed was credible and unshaken in cross-examination, satisfying the ingredients of Section 366 (which requires proof of intent to compel marriage, not proof that a marriage ceremony actually took place) as well as Sections 343, 323 and 506. Finding the sentence already lenient, the Court dismissed the appeal, cancelled the appellants' bail, and directed them to surrender to serve the remainder of their sentences.

Lesson Learnt

For the offence of kidnapping to compel marriage under Section 366 IPC, the prosecution only needs to prove the abduction and an intent to coerce marriage: it does not need to prove that a valid marriage was actually solemnized, and school records are strong evidence of a victim's age in such cases.

Official source (sci.gov.in)View Judgment (PDF)

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