Kidnapping--Lawful Guardianship--Keeping a Minor as Domestic Help Does Not Confer Lawful Guardianship for Purposes of Section 363 IPC
Conviction under Section 363 IPC requires proof that the minor was taken away from the custody of a "lawful guardian." Where the person claiming guardianship has no established legal or factual basis for that status, and where the minor voluntarily accompanied the accused without any force, the essential ingredients of kidnapping are not made out. Contradictions in prosecution evidence going to the root of lawful guardianship are fatal to the charge.
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