Police Must Assess Victim's Age In Kidnapping Cases So That No One Is Harassed If Major Girl Has Taken Decision Freely: Allahabad HC

The Allahabad High Court has observed that while investigating Kidnapping cases, the police authorities must first assess the age of the victim girl so that in case it is found that she is major and has taken any step for her life, then no one should be unnecessary put to any harassment.

The bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur observed thus while dealing with the case of a young-major married couple who sought protection from the court as they submitted that the father of the girl had lodged a 'fake' Kidnapping case against the boy (petitioner no. 2) even though they had gotten married out of their free will.

They also brought on record the copy of the marriage certificate issued by Arya Samaj on March 9, 2022, and their High School mark sheets. As per the mark sheet, the girl was born on January 1, 2004, and the date of birth of the boy is July 9, 1998.

Against this backdrop, they expressed an apprehension that since a false and concocted FIR under Section 366 IPC had been lodged by the father of the girl, therefore, the petitioners may be arrested by police and their fundamental rights shall be infringed.

In view of this, the Court, at the outset, directed that since the petitioners are major and it being so, the petitioners shall not be arrested, unless and until the copies of the High School Certificate of both petitioners are found to be fake.

Now, before parting with the order and disposing it, the Court observed thus:

"It is noticeable and a reminder to the police that in case of proof of age of victim of an offence under Sections 363, 366 IPC etc. the age becomes prime consideration and the police authority concerned must determine about the veracity and the authenticity of the documents which are available to them so as to assess first the age and so is the case of free will of the victim and in case it is found that the victim of her own free will being major has taken any step for her life then due course of law should prevail and no one should be unnecessary put to any harassment."

Case title - Taslimun Nisha Alias Tanu Arya And Another v. State Of U.P. Trhu. Its Prin. Secy. Home Civil Sectt. Lko. And Others

Case Citation: 2022 LiveLaw (All) 174

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