'Mere talking with minor victim can't be treated as enticement'
PRAYAGRAJ, Sept. 17 -- The Allahabad high court quashed a kidnapping case against a man holding that merely being on talking terms with a minor girl cannot by itself be treated as 'enticing her away from lawful guardianship'.
Justice Vikram D Chauhan observed that where the minor, voluntarily and on 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 the accused - Himanshu Dubey seeking 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 the accused applicant had enticed his niece away, who was about 16.
During the investigation, the victim in her statement before police and trial court stated that her family members had beaten her and also given her an electric shock, for talking to the applicant on the mobile phone, due to which she left the house alone. She further claimed that she remained in Siwan for two days before being taken to the police station.
Although she did not name the applicant in her statement, her mother spoke about her daughter's relationship with the applicant.
On this ground alone, the applicant moved the HC to challenge the case, contending that the alleged victim had not alleged his involvement in the matter as she had not admitted that she eloped with him.
As such, it was argued, no offence under Section 363 IPC was made out as there was no ingredient for constituting the offence under Section 363 IPC....
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