Aaquib Chhipa, Ahmedabad: A 14-year-old minor who was lured with the promise of marriage and kidnapped and kept by her abductors for over 8 months was sent to live with her father. The minor submitted to the Gujarat High Court that she wants to live with her father.
Gujarat High Court has asked the Nari Sankrakshan Gruh, Ahmedabad (Women Shelter Home) to release her so that she can join her father. The court directed the police authorities to ensure that the child is taken to the house of the petitioner (father) under security.
The arguments in the High Court
Advocate Anik Timbaliya, who represented the father (petitioner) submitted before the court that the two accused – Rajendra and Ajay Kuswa took advantage of the girl’s age.
The advocate said as a teen, the child failed to differentiate between right and wrong, and the accused detained her against will and consent for over 8 months in Agra.
The teen was on March 17 lured by the two with a promise of marriage when she had gone to a factory with her neighbour. She was then abducted from her native place – Dhandhuka and kept in Agra for more than 8 months, against her will and consent.
Despite an FIR being filed, the local police could not trace the girl and the girl’s father, fearful of her safety, moved a habeas corpus petition before the Gujarat High Court for custody of his minor daughter.
On the direction of the Gujarat High Court, the police produced the minor before the additional session judge of Ahmedabad (Rural).
An FIR was registered with Dhandhuka Police Station against the accused of detaining the minor girl and taking unlawful custody of her from her guardians. Both the accused were booked under IPC 363, 366, and various sections of the POCSO Act.
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