Life sentence suspended pending appeal; long jail termed travesty: sc

In Shobhit Kumar v. State, the Bombay High Court upheld the conviction of a 32-year-old man for kidnapping a 16-year-old minor. The accused had threatened to take his own life if the girl did not meet him at a bus stand. Fearing for his safety, she left her home and later travelled with him to Ahmedabad, where they stayed in a rented room. Justice Shreeram Shirsat held that threatening self-harm can amount to “enticement” under Sections 361 and 363 IPC as it places psychological pressure on a minor. The Court clarified that kidnapping does not require physical force; it is enough if the accused causes the minor to leave the lawful guardian’s custody through emotional coercion. Since the girl was below 18, her consent had no legal validity under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. Finding the victim’s testimony reliable, the Court dismissed the appeal and upheld the 10-year sentence imposed by the trial court.