HC acquits man in 2011 case, cites lack of ‘enticement’ or ‘taking away’

Kolkata: Observing that the offence of kidnapping cannot be said to have been committed without the essential ingredients of “taking away” or “enticement”, Calcutta High Court acquitted a man who had eloped with a minor girl in 2011.

The bench of Justice Prasenjit Biswas was moved by the man (appellant) challenging the judgement and conviction order of the trial court under Section 363 of IPC (kidnapping). The girl’s father alleged his daughter went to tuition on November 10, 2011, at 6:30 am and never returned home.

A general diary was lodged and she was later recovered.

On the same day, at 7 pm, in the absence of family members, the appellant entered inside his house and kidnapped his daughter “once again”. The appellant was aided by two other persons who were later acquitted by trial court.

Appellant’s counsel submitted that the victim girl recorded in her statement that she told the police that she voluntarily left her house with the appellant that morning and got married in a temple. They returned to her house but her parents didn’t accept their marriage. She deposed before the magistrate that she was in a relationship with the appellant for the last two years. Her parents knew about it but didn’t accept their relationship.

The court observed there is a distinction between “taking” and allowing a minor to accompany a person. In this case, the minor is alleged to have been taken away by the appellant and the victim girl left her father’s protection without raising an alarm. “In such a case I do not think that the accused can be said to have taken her away from the

keeping of her lawful guardian,” the judge observed.

The court said, for the kidnapping charge, the prosecution must prove that there was “taking away” or “enticement” by the accused. Until and unless this essential ingredient is established, the offence of kidnapping cannot be said to have been committed whether the victim was a minor or not, the court observed.