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Willingness of 13-year-old girl to elope immaterial; HC says; upholds boyfriend’s conviction for kidnapping
The Bombay High Court upheld the kidnapping conviction of a man who eloped with a 13-year-old girl, ruling that the minor’s consent was immaterial to the offense. It also cleared him of rape after medical evidence negated the charge, maintaining the kidnapping sentence.
Why It Matters
The ruling reinforces that a minor’s consent cannot legalize kidnapping or sexual acts under POCSO law, highlighting how age-based protections are applied in such cases.
Timeline
3 Events
Bombay High Court upholds kidnapping conviction; rape charge overturned
April 25, 2026
The division bench of Justices Sandipkumar More and Abasaheb Shinde upheld the conviction for kidnapping under IPC sections 363 and 366-A and the seven-year term, rejecting the argument that the minor’s willingness to elope could negate the crime. The court also cleared Amol Landge of the rape charge after medical evidence negated penetrative assault. It noted the girl was 13 at the time and, while she admitted being in love with the accused, age prevented treating it as mutual consent. Landge had challenged the conviction and sentence on various grounds.
Trial court conviction for kidnapping and rape
January 17, 2022
A special POCSO court in Hingoli convicted Landge for kidnapping and raping the minor girl, sentencing him to 10 years’ imprisonment for rape and 7 years for kidnapping, based on the girl's testimony that he had enticed and had penetrative intercourse with her after the elopement.
Elopement between 19-year-old Amol Landge and 13-year-old girlfriend
October 24, 2019
Landge, then 19, eloped with his 13-year-old girlfriend from Kalamnuri in Hingoli district. After the girl’s family reported her missing, police traced the couple to Pimpalgaon and brought them to Kalamnuri. Landge was booked under IPC sections 363, 366-A, 376(2)(i) and 376(2)(n) and POCSO Act section 6 on the basis of the girl’s statements that she had been enticed away and had penetrative intercourse with him after they fled.