[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
4 months, 2 weeks ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

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The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father. In upholding the conviction, but releasing the accused due to time already served, a single bench of Justice Ananya Bandopadhyay held: 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 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. The appellant was convicted under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 4 years and also to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for further a period of 4 months for the commission of an offence under Section 363 of the Indian Penal Code.

History of this topic

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