Supreme Court of India

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.
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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

  1. 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.

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Citation

Thakorlal D Vadgama v State of Gujarat 1973 INSC 111

Reported: 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.