Court finds no prima facie evidence of kidnapping or abduction, emphasizing voluntary action by the minor
In a significant ruling, the Gujarat High Court, presided over by Justice Hasmukh D. Suthar, granted discharge to Ajay Jagdishbhai Pordiya in a criminal case involving alleged kidnapping and abduction charges under Sections 363 and 366 of the Indian Penal Code, 1860. The court's decision, dated April 28, 2026, overturns the earlier order by the 8th Additional Sessions Judge, Ahmedabad (Rural), which had dismissed Pordiya's discharge application.
The case stemmed from an FIR filed in 2014, accusing Pordiya of abducting a 17-year-old girl. However, the High Court found that the evidence indicated the girl had voluntarily left her home without any inducement or persuasion by the accused. The victim, at the time of the incident, was nearing the age of majority and had expressed a willingness to leave her parental home due to a personal relationship with the accused.
Citing the Supreme Court's precedent in S. Varadarajan v. State of Madras, the court reiterated that mere voluntary accompaniment by a minor does not constitute kidnapping under Section 361 IPC unless there is evidence of inducement or persuasion. The court emphasized the importance of preventing unnecessary harassment and judicial resource wastage, noting that no prima facie offence had been established against the accused.
This decision aligns with the principles of fair trial and justice, ensuring that individuals are not subjected to unwarranted criminal proceedings without sufficient evidence. The court's ruling underscores the critical role of judicial oversight in safeguarding personal liberties against baseless accusations.
Bottom line:-
Discharge in criminal cases - If no prima facie offence is made out from the investigation papers and the charges are found to be groundless, the court must ensure that the accused is not subjected to unnecessary harassment or trial.
Statutory provision(s): Section 227 of the Criminal Procedure Code, 1973; Sections 363, 366 of the Indian Penal Code, 1860.
Ajay Jagdishbhai Pordiya v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2895963
