Maha: Court acquits man accused of kidnapping minor girl

A court in Maharashtras Thane district has acquitted a 30-year-old man in a case of kidnapping and procuration of a 14-year-old girl, noting the main culprit was absconding and the victim had died.Sessions Judge Dr Rachna R Tehra, in her order passed on January 12, said the prosecution failed to prove the charges against the accused under Indian Penal Code Sections 363 kidnapping, 366A procuration of minor girl and 34 common intention.A copy of the order was made available on Tuesday.

A court in Maharashtra's Thane district has acquitted a 30-year-old man in a case of kidnapping and procuration of a 14-year-old girl, noting the main culprit was absconding and the victim had died.

Sessions Judge Dr Rachna R Tehra, in her order passed on January 12, said the prosecution failed to prove the charges against the accused under Indian Penal Code Sections 363 (kidnapping), 366­A (procuration of minor girl) and 34 (common intention).

A copy of the order was made available on Tuesday. The prosecutor told the court that the girl went missing from her home in Thane city on January 13, 2013. When her father enquired in the neighbourhood, he came to know she had run away with a man (main culprit) to Haryana. The next day she was traced there in the company of that man and his mother and brought back to Thane.

The police then registered a case against the 30-year-old man, a sweeper, of helping the main culprit in kidnapping the girl. The judge said on the basis of evidence available on record, it appears the prosecution has only examined the informant and investigating officer and proved the missing complaint and arrest (of the accused). ''Further, the victim is dead as deposed by her father,'' the court noted. It is necessary to mention here that the present matter is an old one and summons have been issued to the witnesses several times, but they are not traced, it said. Only on the sole testimony of the informant, the accused cannot be held guilty of the alleged offence, the court said. The main culprit and his mother are absconding and not traced by the police machinery, it said. There is nothing on record to show the accused helped the main culprit and his mother in kidnapping the victim, the court said.

 

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