R. V. Prince summary

REGINA(R) Vs. PRINCE

1875

CASE OF MENS REA 

Facts of the case : 

Henry Prine - defendant was convicted for abducting a minor girl. He was accused of taking aways a 14 years old unmarried girl out of her parent's or guardian's possession without thier knowledge of the same.

Contention of the parties :

Petitioner : It was argued that the defendant commited to illegal act under section 55 of Offence Against The Person Act, 1861. 

Defendant : He took a plea that he was unaware of the age of the girl as she misrepresented herself to be 18 years old. He took the defence of mistake of fact. 

JUDGEMENT 

The honourable court in the present case observed that the court is not bound to the principal of mens rea in the areas where the statute does not specifically mentions for the principal. Moreover the court stated that this is the case of abduction of a minor girl and hence is the case of strict liability, thus mens rea need not be applicable here. Therefore even if the defendant acted in bona fide impression, he is still liable as there doesn't exist any relevant defence. Thus the accused was convicted in the present case. 



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