Fact: A, a 15 year old girl, left her mother's house and joined the accused because her mother has turned down the proposal of her marriage with the accused on the ground that she was too young. While she was with the accused he had sexual intercourse with her against her will. Issue: What offence, if any, has been committed?

Two distinct issues arise. First, kidnapping: A 15-year-old leaving lawful guardianship (mother's house) to join the accused constitutes kidnapping under Section 361. The accused took or enticed her away from lawful guardianship. Second, rape: Under Section 375 clause (vi), sexual intercourse with a woman under 16 years with or without her consent is rape. The girl being 15 makes this rape regardless of her willingness. The accused is guilty of both kidnapping and rape.