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Journalism of Courage
Quashing proceedings against a man accused of kidnapping a minor, the Allahabad High Court observed that merely talking to the victim cannot be considered as enticing them away.
“The material particulars and circumstances with regard to enticing the victim by the applicant have not been disclosed by the prosecution. Merely talking to the victim by itself cannot be a circumstance that would be treated as enticing away the victim. The victim, in her statement, has also alleged that (her) family members beat her and electrocuted her… as a result of (which) she left the house,” the court observed.
It added, “The prosecution has failed to show that the victim was enticed away by the applicant. The essential ingredients of offence under Section 363 of the Indian Penal Code is not made out by learned counsel for opposite party before this Court. The cognizance order also does not disclose the material circumstances which were before the trial court.”
The court made the observation while hearing a petition filed by the accused seeking quashing of the chargesheet, the cognizance order passed by the court concerned, and the entire criminal proceedings of the case, which was registered in Deoria in 2020.
In its order, passed recently, the court stated, “Accordingly, the present application filed under Section 482 CrPC is allowed.”
According to the HC order, the case dates back to December 25, 2020. An FIR was lodged, alleging that the accused had enticed the minor as she was in contact with him over the phone. The case was registered under IPC Section 363 (punishment for kidnapping) at the police station concerned.
During the course of the investigation, the victim was recovered. She declined to undergo internal and external medical examination.
The HC order added that in her statement, the victim alleged that she had been subjected to beating and electric shocks by her family members. She further stated that on December 23, 2020, about 6.30 pm, she left her home and boarded a bus, and was subsequently brought back.
In her statement before the court, the victim also clarified that her uncle had seen her conversing with the accused over the phone, after which she was assaulted, compelling her to leave the house on her own. She further stated that her family members had deliberately implicated the accused in the case, the order added.
In her statement, the victim’s mother deposed that the victim was in contact with the accused and expressed her desire to marry him. She further stated that when the victim was restrained from speaking to the accused, she left home.
The Investigating Officer also recorded the statement of the victim’s father, who similarly alleged that the accused had enticed the victim.
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