In a significant ruling, the Allahabad High Court has quashed criminal proceedings against Himanshu Dubey, accused of kidnapping a teenage girl from Deoria. The court found that the essential ingredients of kidnapping were absent, as the girl herself had stated she left home on her own due to harassment by family members.
Background
The case began with an FIR filed on 25 December 2020, a day after the alleged incident. The complainant, the girl's uncle, accused Dubey of enticing his 16-year-old niece away. The police registered a case under Section 363 of the Indian Penal Code (IPC), which deals with kidnapping from lawful guardianship.
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During investigation, however, the narrative shifted. The girl's initial statement under Section 161 CrPC (to police) indicated she had left home because of severe beatings and even electric shocks inflicted by her family. Later, in her statement before a magistrate under Section 164 CrPC, she reiterated that she had gone to Siwan alone, without any involvement of the accused.
Medical records further showed that her age was around 18, and she refused internal medical examination.
Court's Observations
Justice Vikram D. Chauhan, after hearing both sides, carefully examined the sequence of events and the victim’s own testimony. He pointed out that the victim never said she was taken away or enticed by Dubey. Instead, she repeatedly stressed that her decision to leave home was voluntary.
The bench noted:
"Mere talking terms between the victim and applicant would not by itself amount to enticing away the victim. Something more - like inducement, promise, or force - is required to establish the offence under Section 363 IPC."
The court also highlighted the failure of the prosecution to make the victim herself a witness in the chargesheet, which was instead based mainly on statements of her parents. This omission weakened the case further.
Referring to earlier Supreme Court rulings, the judge stressed that if a minor leaves home knowingly and voluntarily, without any inducement or active participation of the accused, then Section 361/363 IPC cannot be applied.
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Decision
Finding no evidence of kidnapping or enticement, the High Court held the entire prosecution to be legally unsustainable. The order stated:
"The charge-sheet dated 19.01.2021, cognizance order dated 07.07.2023, and all criminal proceedings in Case No. 9029 of 2023 (State Vs. Himanshu Dubey), arising out of Case Crime No. 0382 of 2020, under Section 363 IPC, Police Station Gauri Bazar, District Deoria, are hereby quashed."
With this, Dubey stands cleared of the kidnapping allegations after nearly five years of litigation.
Case Title: Himanshu Dubey vs. State of U.P. and Another
Case Number: Application U/S 482 No. 28653 of 2023
