Taking or luring a minor without guardian’s consent is equivalent to kidnapping – Jharkhand High Court

Ranchi:  The Jharkhand High Court, while hearing a case, has ruled that taking a minor girl to different places amounts to luring, which will result in conviction for kidnapping under Section 363 of the Indian Penal Code. Taking or luring a minor without the consent of his parents would be tantamount to kidnapping.

This decision has come in a criminal appeal, in which the trial court’s decision convicting the appellants under section 366A of the IPC was challenged. According to the First Information Report (FIR) lodged by the victim’s mother, her 15-year-old daughter was lured by her neighbour Sakinder Baitha and taken away at 4 am on June 30, 2004.

Despite several efforts he could not be traced. Due to social pressure he was returned. This case was heard in the bench of High Court judge Justice Gautam Kumar Chaudhary. During the hearing, evidence was presented in the court that the victim girl was under 18 years of age at the time of the incident and hence her consent would be immaterial. A person who takes away or entices any minor under the age of 18 years without the consent of his guardian is guilty of kidnapping.

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