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Thakorlal D. Vadgama vs The State Of Gujarat on 2 May, 1973

"13. A perusal of Section 361 IPC shows that it is necessary that there be an act of enticing or taking, in addition to establishing the 1(2008) 17 SCC 225 2(2021) 3 SCC 12 15 child's minority (being sixteen for boys and eighteen for girls) and care/keep of a lawful guardian. Such "enticement" need not be direct or immediate in time and can also be through subtle actions like winning over the affection of a minor girl. [Thakorlal D. Vadgama v. State of Gujarat, (1973) 2 SCC 413, para 10 : 1973 SCC (Cri) 835] However, mere recovery of a missing minor from the custody of a stranger would not ipso facto establish the offence of kidnapping.
Supreme Court of India Cites 12 - Cited by 92 - K K Mathew - Full Document
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