Indian Kanoon - Search engine for Indian Law

Now, in these circumstances, it is to be examined whether it is a case of kidnapping from the lawful guardianship, I find the reply in negative.

The evidence shows that the proseuctrix was not taken or enticed away from the guardianship of her parents. She voluntarily accompanied the accused. She was mature enough. It also comes out that the prosecutrix was not illiterate. She was studying in 9th standard. She had even signed in English as well as her thumb marks were obtained on her statement recorded in Court, which appears to be as a matter of precaution. She travelled in public transport. If the accused was kidnapping her, she had the opportunity to raise alarm. Even during her stay with the accused, she had a telephonic conversation with her father and refused to come back. Even the father of the prosecutrix had visited the house of the accused where she had stayed for 2/3 days and she had refused to accompany her father. The entirety of the circumstances when put together goes to show that it is not a case of kidnapping, but a case of elopement when the talks of the marriage of the prosecutrix with the accused were going on. They belong to the same community. It appears that something went wrong regarding the proposal of marriage, on which the prosecutrix eloped with the accused and went to different places for 33 days and when the promise of marriage was made, they returned back and appeared before the police.