Court Rules Voluntary Departure Disproves Kidnapping Allegation
The Allahabad High Court ruled that if a minor leaves their guardian voluntarily, a kidnapping case doesn't hold. The court quashed a case against Himanshu Dubey, as the minor involved didn't accuse him of abduction. The decision hinged on the minor voluntarily leaving due to familial abuse.
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- India
In a significant ruling, the Allahabad High Court observed that instances where a minor voluntarily leaves their guardian's custody do not constitute kidnapping. This clarification could affect numerous ongoing legal cases involving alleged abductions.
Presiding over the case, Justice Vikram D Chauhan quashed the allegations against Himanshu Dubey, emphasizing that mere conversations with a minor do not equate to enticing them away from lawful guardianship. The ruling came after a minor, reportedly overburdened by familial circumstances, left home without implicating Dubey.
The court considered the minor's statement, revealing she departed due to family-inflicted distress, including physical abuse, contradicting claims of elopement. This judgment underscores the importance of assessing the minor's perspective and volition in such legal proceedings.
(With inputs from agencies.)
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