{"id":258116,"date":"2021-12-04T14:00:41","date_gmt":"2021-12-04T08:30:41","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=258116"},"modified":"2021-12-10T15:56:32","modified_gmt":"2021-12-10T10:26:32","slug":"kidnapped-or-eloped-minor-alleged-to-have-been-kidnapped-tracked-after-almost-4-years","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/12\/04\/kidnapped-or-eloped-minor-alleged-to-have-been-kidnapped-tracked-after-almost-4-years\/","title":{"rendered":"Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped"},"content":{"rendered":"

Delhi High Court: <\/strong>Subramonium Prasad, J., granted bail to a person accused of kidnapping a minor, which eventually in view of the minor\u2019s statement was a case of her running away on her own accord and living a happy married life with him.<\/p>\n

The instant petition was filed to seek bail in FIR registered for offences under Sections 363, 366, 376 of Penal Code, 1860, Sections 4 and 6 of the POCSO Act read with Section 10 of the Prohibition of Child Marriage Act.<\/p>\n

Factual Background<\/span><\/h4>\n

It was stated that a missing complaint was registered in 2017 where the complaint was given by the father of the victim that his minor daughter was kidnapped, and she had been missing and last seen details were given in the complaint.<\/p>\n

Further, the investigation was completed and did not result in a fruitful outcome.<\/p>\n

Later in the year 2020, the victim telephoned her mother stating that she had delivered a baby boy and he was 3 months old and she revealed that she had been married for the last four years.<\/p>\n

The said information was passed on to the Police, who landed in Madhya Pradesh to trace the young girl\/ victim. The police tracked down and recovered the young girl. When she was being taken for conducting a medical examination, the same was refused. She was brought back to Delhi and her statement was recorded under Section 161 CrPC, thereafter under 164 CrPC.<\/p>\n

In the said statement she stated that she ran away from home and met the petitioner and got married to him and now she has a 3-year-old daughter and a 3-month-old infant.<\/p>\n

Police after noting the school records found the date of birth of the victim to be 2-3-2001, and therefore amended the charges against the petitioner and added offences under Sections 4 and 6 of the POCSO Act and Section 10 of the Child Marriages Act.<\/p>\n

Petitioner was arrested and his bail application was rejected stating that he had kidnapped the then minor victim, and repeatedly had sexual intercourse with her which resulted in the victim getting pregnant as a minor. The said offence was a serious one that involved the exploitation of the minor.<\/p>\n

Analysis, Law and Decision<\/span><\/h4>\n

Parameters for consideration of enlarging a person on bail are as follows:<\/p>\n