Uttaranchal High Court: While considering a case allegedly involving consensual physical relations wherein a minor applicant was accused of kidnapping the minor victim, a Single Judge Bench of Alok Mahra, J., disposed of the application and stayed the proceedings against him considering the judiciary’s aim of balancing protection of minors with recognition of their autonomy.
In the case at hand, an FIR was lodged by the victim’s father alleging that the applicant had kidnapped his minor daughter. After the investigation, a charge sheet was filed against the applicant. In her statement under Section 180, Nagarik Suraksha Sanhita 2023 (BNSS), the victim denied any physical relations with the applicant but admitted that they have maintained a friendship for the past four years.
However, in her statement under Section 183, BNSS before the Magistrate, she admitted that she went to the applicant’s house, invited him to her residence, concealed him in her Almirah, provided him food, and that they engaged in physical relations, which were consensual. The medical examination revealed no evidence of forceful sexual intercourse.
The applicant’s counsel contended that the minor boy should be shown leniency as, in conflict with law, an Observation Home could have an adverse impact on his future prospects
The Court referred to State of U.P. v. Anurudh 2026 SCC Online SC 40 and stated that the judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts and in the present case, the age comes out to be an important factor which was about 15-years for both.
Thus, the Court stayed further proceedings, before Juvenile Justice Board, against the applicant till the next hearing.
[X v. State of Uttarakhand, C528 No.496 of 2026, decided on 1-4-2026]
Advocates who appeared in this case:
For the Applicant: Snigdha Tiwari, Abhijay Negi and Ayush Pokhriyal, Advocates
For the Respondent: S.C. Dumka, A.G.A.