S. VARADARAJAN versus STATE OF MADRAS

S. VARADARAJAN versus STATE OF MADRAS

Where a minor, knowing and having capacity to know the full import of her actions, voluntarily leaves her guardian's keeping and joins the accused, and evidence does not establish inducement, enticement, or active assistance by the accused in her leaving, there is no 'taking' out of lawful guardianship under s. 361 IPC.

Parties
Appellant: S. Varadarajan; Respondent: State of Madras
Jurisdiction
India
Judgment Date
09 September 1964
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Decision of High Court Affirming Conviction and Sentence Under S. 363 IPC
Outcome
Appeal allowed
Legal Topics
Kidnapping, Indian Penal Code Section 361, Meaning of 'taking Out of Keeping of Lawful Guardian'
Criminal Law Kidnapping Indian Penal Code Section 361 Meaning of 'taking Out of Keeping of Lawful Guardian'

Case Brief

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Parties

S. Varadarajan

Appellant

State of Madras

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Decision of High Court Affirming Conviction and Sentence Under S. 363 IPC

Legal Issues

  1. 1 Whether the accused 'took' the minor girl out of the keeping of her lawful guardian within the meaning of s. 361 of the Indian Penal Code

Ratio Decidendi

Where a minor, knowing and having capacity to know the full import of her actions, voluntarily leaves her guardian's keeping and joins the accused, and evidence does not establish inducement, enticement, or active assistance by the accused in her leaving, there is no 'taking' out of lawful guardianship under s. 361 IPC.

Court Disposition

Appeal allowed

Orders

  • Conviction and sentence under s. 363 IPC set aside
  • Appellant acquitted