minor wards. The
gravamen of this offence lies in the taking or
enticing of a minor under the ages specified in
this section ... guardian without the consent of such
guardian. The words 'takes or entices any
minor ... out of the keeping of the lawful
guardian of such
nowhere to be found. He believed that his daughter Ruby
had been enticed/ seduced by Varinder Singh @ Ghonu, who, after conspiring
with his father Gurdeep ... seeking permission from her parents. In the said circumstances, the act of
enticing or taking away the prosecutrix cannot be attributed to the appellant
herein
informing her
mother;
(c) The appellant did not take her away by enticement or allurement;
(d) The appellant did not mislead her regarding marriage ... prosecutrix; and (iii) no
inducement for marriage or any kind of enticement or allurement was given to the
prosecutrix by the appellant. On the basis
admitted that she had told the police that accused Chandra
pal had enticed her daughter and took away. She denied that
accused Chandra ... enticed her daughter and took away to
his residence situated in Rajasthan in order to get marry with
accused. She also denied that her daughter
accused Akhilesh Kumar, who
was known to him being a neighbour, had
enticed and taken away his daughter. He stated
that his statement was recorded ... reads as under;
Section 361: Kidnapping from lawful guardianship.-
Whoever takes or entices any minor under 1sixteen] years of
age if a male, or under
statement recorded, expressing suspicion that some
unknown person had enticed and taken away his
daughter. On the basis of the said statement, the present ... accused taking
her daughter. She denied that the accused had not
enticed her daughter or that he had been falsely
implicated due to personal enmity
further
expressed suspicion on Intiyaz @ Kalu as the person who had
enticed her daughter out of her guardianship. Accordingly ... taken PW1 from his house or that he had not
enticed him to leave his home. Accused has done nothing wrong to
PW1 and after
Pawan Kumar vs State Of Himachal Pradesh on 1 April, 2026
2026:HHC:9659
IN
Pawan Kumar vs State Of Himachal Pradesh on 1 April, 2026
2026:HHC:9659
IN
Pawan Kumar vs State Of Himachal Pradesh on 1 April, 2026
2026:HHC:9659
IN