Minor’s consent in kidnapping case immaterial, HC says in judgment
Times of India | 12 November 2024
Kolkata: A minor's consent in a kidnapping case is "immaterial", the Calcutta High Court said in a 2002 case while upholding the conviction of a man under Section 363 (kidnapping) of IPC.
Justice Ananya Bandyopadhyay, in a judgment on Nov 5, stated, "The consent of the victim is immaterial and the subsisting family bond cannot be an excuse for an escape of the victim from the parental custody at the pretext or behest of a pleasant and affable relationship or to justify an act of removing a minor from the custody of her legal guardian and further does not absolve the appellant from being indicted of the offence under Section 363 of the Indian Penal Code."
Considering the gravity of the offence, Justice Bandyopadhyay modified the sentence to the extent of imprisonment undergone by the appellant.
The case dates back to June 19, 1993. A father filed a complaint at Bhatar police station stating that his 15-year-old daughter was allegedly abducted by the accused while she was on her way home from school. The complaint stated that the accused, along with other men, forced her to sit in a Maruti car and drove to Burdwan.
The father alleged that the accused used to work for his brother and stated that he was a known face to the family. Charges against the accused were framed under sections 363 and 366 of the IPC.
The judgement recorded that the victim initially stated that she was not taken away by anyone. Subsequently, she stated at the insistence of the public prosecutor to have been forcibly taken to the house of the accused on her way back home from school. "There was a cordial relationship of the appellant with the family members of the victim and the de facto complainant… However, it was not stated by the prosecution as to whether the victim reached the house of the appellant with the permission of the parents of the victim or not. The victim did not state to have been kidnapped with a malicious intent; rather, she was provided with books to help in her studies," it was stated.