The Calcutta High Court has set aside the conviction of a man accused of kidnapping a minor girl, holding that the prosecution could not establish that she was taken from lawful guardianship. The Court allowed the criminal appeal and granted relief to the accused.
Background of the Case
The case arose from an incident in November 2003, when police claimed to have rescued a minor girl from a red-light area in Kolkata. The prosecution alleged that the accused, Sk. Samad, had taken the girl on the pretext of buying clothes and brought her to the area.
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A sessions court had earlier convicted him under Section 363 of the Indian Penal Code and sentenced him to four years of imprisonment. However, he was acquitted of charges under Section 373 IPC due to lack of evidence.
Hearing the appeal, Justice Chaitali Chatterjee Das closely examined the testimonies of the victim and other witnesses. The Court found several inconsistencies in the prosecution’s case.
The victim’s statements regarding her stay with a woman said to be her guardian were unclear and contradictory. The Court noted that it was not established whether that woman had any legal authority over the girl.
The bench observed that the accused was not a stranger to the victim and that she had accompanied him without raising any alarm.
“The prosecution has failed to prove that the victim was taken from lawful custody,” the Court noted during its analysis.
The High Court highlighted that for a conviction under kidnapping laws, it must be clearly shown that:
- The minor was under lawful guardianship, and
- She was taken away without consent
In this case, the Court found both elements missing. It also noted that there was no convincing evidence to support allegations that the accused intended to sell the girl.
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Further, the Court pointed to gaps in the investigation, including lack of proper documentation and absence of strong independent witness support.
Allowing the appeal, the High Court set aside the conviction and sentence passed by the trial court.
“The judgment and order of conviction is hereby set aside,” the Court directed, ordering that the appellant be released from his bail bond.
Case Title: Sk. Samad vs State of West Bengal
Case Number: CRA 377 of 2007
