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Tilku Alias Tilak Singh v. The State of Uttarakhand

Criminal Appeal · 2025 INSC 226Decided 6 Feb 2025
Crl.A. No.-000183-000183 - 2014
Justice B.R. Gavai · Justice K. Vinod Chandran

Background

The prosecutrix, said to be about 14 years old, went missing in 1994 and was later found living with the appellant in Dehradun; her father lodged an FIR alleging kidnapping. The trial court convicted the appellant under Sections 363, 366 and 376 IPC, and the Uttarakhand High Court acquitted him of rape (Section 376) but upheld the kidnapping-related convictions, reasoning she may have been a minor. The appellant argued the prosecutrix had voluntarily accompanied him, married him at a registrar's office in Dehradun, and lived with him as husband and wife.

Decision Breakdown

The Supreme Court noted two conflicting medical opinions on the prosecutrix's age (14 vs. 18 years) and held the benefit of doubt should go to the accused. More importantly, relying on the precedent in S. Varadarajan v. State of Madras, the Court held that even accepting she was between 16-18 years old, the evidence showed she left voluntarily, of her own will, was of an age to understand right from wrong, and was never "taken" or enticed by the appellant in the legal sense required for kidnapping. Since the High Court's own findings showed no coercion or lack of consent, the Court held the offences under Sections 363 and 366 IPC were not made out, quashed the convictions, and acquitted the appellant.

Lesson Learnt

A kidnapping charge under Sections 363/366 IPC requires proof that the accused actively "took" or enticed the minor away from lawful guardianship. If the evidence shows the young person left and stayed of their own free will and was old enough to understand her choices, the offence is not established merely because a guardian disapproved.

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

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