Parents to face trial for kidnapping daughter
1 May 2014 12:19 AM GMT
Additional Sessions Judge Sanjay Bansal said the parents have not denied that they do not have the girl with them and once they have given their daughter in adoption to their relative, they cannot ‘detain’ the child with them. The court dismissed the revision petition of the couple, residents of east Delhi, challenging the magisterial court’s order which had framed charges against them for the offence of kidnapping.
It said there was prima facie sufficient evidence for framing charge against the couple and the revision petition was devoid of merits. ‘I am of the view that no error can be found in the impugned order (of magistrate). Merely because complainant witness no. 1 (adoptive grand mother) could not tell the number of the car, her testimony cannot be discarded. She has categorically deposed about the girl child being taken away by the petitioners (parents) in the car of sky blue colour. This was enough to frame charge.
‘It is to be noted that the girl child is admittedly in custody of the petitioners since the day of the incident. The petitioners have not denied that they do not have girl child with them. Once petitioners had given the girl child in adoption to the respondent no. 2 (relative), they cannot detain the child with them,’ the judge said.
It said there was prima facie sufficient evidence for framing charge against the couple and the revision petition was devoid of merits. ‘I am of the view that no error can be found in the impugned order (of magistrate). Merely because complainant witness no. 1 (adoptive grand mother) could not tell the number of the car, her testimony cannot be discarded. She has categorically deposed about the girl child being taken away by the petitioners (parents) in the car of sky blue colour. This was enough to frame charge.
‘It is to be noted that the girl child is admittedly in custody of the petitioners since the day of the incident. The petitioners have not denied that they do not have girl child with them. Once petitioners had given the girl child in adoption to the respondent no. 2 (relative), they cannot detain the child with them,’ the judge said.
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