'If Minor Voluntarily Leaves Guardianship, Case Of Kidnapping Doesn't Arise': Allahabad High Court
The Allahabad High Court has observed that if a minor voluntarily leaves lawful guardianship, then a case of kidnapping does not arise.
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- From: India News Bull
Prayagraj:
The Allahabad High Court has ruled that kidnapping charges are not applicable when a minor leaves lawful guardianship voluntarily.
While dismissing a kidnapping case against a man, Justice Vikram D Chauhan stated that merely communicating with a minor girl cannot constitute "enticing her away from lawful guardianship."
The judge elaborated that when a minor departs from lawful guardianship by their own choice and volition, the provisions of section 361 IPC (kidnapping from lawful guardianship) cannot be invoked.
These observations were made in a September 10 order, wherein the court allowed an application filed by Himanshu Dubey seeking to quash both the charge sheet and all proceedings related to the criminal case against him.
According to the December 2020 FIR, the complainant had accused Dubey of enticing away his 16-year-old niece.
During investigation, the girl testified before police and the trial court that she left home after her family members had physically abused her, including administering electric shocks.
She further stated that her uncle had assaulted her for speaking with Dubey on the phone. The girl mentioned staying in Siwan for two days before being taken to the police station.
Although the girl did not implicate Dubey in her statement, her mother did reference her daughter's relationship with him.
Based on these circumstances, Dubey petitioned the high court to challenge the case, arguing that the girl had not alleged his involvement as she never admitted to eloping with him.