On September 29, 2025, the High Court of Bombay at Goa overturned the conviction of Issub Khan, who was previously sentenced for kidnapping under Section 363 of the IPC. Here's a breakdown of what happened in this intriguing court case.
Issub Khan was initially found guilty by the Fast Track Court (POCSO) in Panaji on January 3, 2023. He was found guilty of kidnapping a minor and sentenced to three years in prison, along with a fine. However, he was cleared of more serious charges, including rape and sexual assault under the POCSO Act.
"Issub Khan has been sentenced to undergo 3 years of imprisonment and to pay a fine of Rs. 50,000..."
The case began on February 17, 2015, when Khan was accused of taking a 17-year-old girl away from her parents in Bardez, Goa. The prosecution claimed that Khan had taken the girl without her parents' permission, leading to his arrest on February 19, 2015.
The prosecution presented nine witnesses, including the victim and her mother. The victim testified that she had run away with Khan willingly because they were in a romantic relationship, which her parents did not approve of.
"She has further stated that they were in love and since her parents did not accept their relationship, the victim and Issub Khan ran away from the house."
Khan's lawyer, Mr. Vibhav Amonkar, argued that the trial court misunderstood the law. He stressed that the girl was almost 18 and capable of making her own decisions. The defense pointed out that there was no evidence of Khan persuading or forcing the victim.
The Public Prosecutor, Mr. Shailendra G. Bhobe, argued that because of the girl's age, her consent didn't matter and pushed for upholding the conviction.
Justice Shreeram V. Shirsat reviewed the evidence and concluded that the prosecution failed to prove that Khan had kidnapped the girl. The court noted that the victim willingly went with Khan, and there was no persuasion or force involved.
"There is nothing in the evidence to suggest that the victim left the house because Issub Khan made her do so."
The High Court canceled the trial court's judgment, clearing Khan of the kidnapping charge. The decision highlighted the importance of looking at the intent and actions of both people involved in such cases.
This case highlights the complexities of understanding laws, especially concerning consent and age in kidnapping charges.
"For the reasons stated above, the Appeal is allowed and the impugned Judgment and Order... is set aside and Issub Khan is acquitted of the said offence."
