Thakorlal D Vadgama v State of Gujarat
1973 INSC 11119731 min read
The case in brief30-second read
- Facts
- The appellant, an older family friend, gave gifts to a minor girl, Mohini, and invited her to live with him. She left her parents' home and went to him.
- Issue
- Whether he 'took or enticed' her out of her lawful guardian's keeping when she went of her own accord.
- Held
- Taking need not involve force; persuasion, allurement or inducement that leads the minor to leave is enough. His earlier conduct had influenced her decision, so kidnapping under S.366 IPC was made out and the conviction upheld.
- Principle
- A minor's willingness is irrelevant where the accused's earlier inducement caused her to leave her guardian.
Facts
- The appellant, an older family friend, gave gifts to a minor girl, Mohini, and invited her to live with him. She left her parents' home and went to him.
Issue
- Whether he 'took or enticed' her out of her lawful guardian's keeping when she went of her own accord.
Held
- Taking need not involve force; persuasion, allurement or inducement that leads the minor to leave is enough. His earlier conduct had influenced her decision, so kidnapping under S.366 IPC was made out and the conviction upheld.
Cite this
Citation
Thakorlal D Vadgama v State of Gujarat 1973 INSC 111Reported: https://api.sci.gov.in/jonew/judis/6517.pdf ; https://indiankanoon.org/doc/934266/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.