If minor voluntarily leaves guardianship, case of kidnapping doesn't arise: Allahabad HC

Prayagraj, Sep 16 (PTI) The Allahabad High Court has observed that if a minor voluntarily leaves lawful guardianship, then a case of kidnapping does not arise.

Justice Vikram D Chauhan's observation came while quashing a kidnapping case against a man holding that merely being in talking terms with a minor girl cannot by itself be treated as "enticing her away from lawful guardianship".

The judge observed that where a minor voluntarily and on his or her own accord leaves the lawful guardianship, then in such circumstances the applicability of section 361 IPC (kidnapping from lawful guardianship) does not arise.

The court made these remarks in its order dated September 10 while allowing an application filed by Himanshu Dubey, who prayed for quashing of the charge sheet as well as the entire proceedings of the criminal case.

In the FIR lodged in December 2020, the complainant alleged that Dubey had enticed away his niece who was about 16 years.

During the investigation, the girl in her statement before police and trial court stated that her family members had beaten her and also given her an electric shock, due to which she left the house.

She had also stated that her uncle had beaten her up due as she was talking to Dubey on the phone. She further claimed that she remained in Siwan for two days before being taken to the police station.

Although she did not name Dubey in her statement, her mother spoke about her daughter's relationship with him.

On this ground, Dubey moved the high court to challenge the case contending that the girl had not alleged his involvement in the matter as she had not admitted that she eloped with him. PTI COR RAJ ZMN