Calcutta High Court: Employer of Minor Maid Not a ‘Lawful Guardian’ in Kidnapping Case

The Calcutta High Court quashed a kidnapping conviction, holding that a woman employing a minor as a domestic help cannot be treated as her “lawful guardian.”

The Court found that the prosecution failed to prove that the girl was taken out of lawful guardianship, which is essential to establish the offence.

It noted serious inconsistencies in evidence regarding the girl’s stay and the alleged guardian’s role. The victim’s own testimony suggested she had voluntarily accompanied the accused.

The Court also observed that the conduct of the woman did not reflect that of a lawful guardian, weakening the prosecution’s case.

[SK. Samad v. The State of West Bengal]