Delhi High Court has refused to set aside a trial court order of framing kidnapping charges against a man accused of abducting his minor lover from her legal guardians.
Justice Veena Birbal dismissed a plea by Wasif, who moved the high court challenging the kidnapping charges framed by the lower court against him under section 363 (kidnapping) of the Indian Penal Code Oct 5, 2013.
The high court in its recent order held that 24-year-old Wasif had taken away the 15-year-old girl from her lawful guardians without their consent and that amounts to kidnapping.
The girl in her statement to police had, however, said she went with the man of her own consent.
As per section 361 (kidnapping from lawful guardianship) of the IPC, if the girl is below the age of 18 years, police register a case of kidnapping against the man she elopes with.
The prosecution said Wasif kidnapped the girl March 27, 2013 with the intention to induce or compel her to marry him.
He took her from Delhi to Jaipur where they stayed for nine days. The two were later apprehended in Delhi.
Opposing the man's plea who challenged the kidnapping charges, police contended that it was Wasif who had taken the minor girl without the consent of her guardians there was no illegality in the trial court order.
