lawful guardian"
finds explanation in the Section. The act of taking or
enticing any female under the age of 18 years ... consent which takes the case out of
its purview. Nor is it necessary that the taking or enticing
must be shown to have been
Taking does not need to consist of a single act. A whole series of acts could together constitute the act of taking. Similarly, "entices ... that victim was either enticed or taken by the appellant except making bald allegations of "enticing" and "taking". The victim
word "takes" is
concerned, observed that the graveman of this offence lies in the taking or enticing
of a minor under the ages ... consent which takes the case
out of its preview nor is it necessarily that the taking or enticing must be shown to
have been
about 12:30PM, accused Rajesh Kumar has
kidnapped by taking/enticing the minor girl namely Anamika aged about 6 years
from outside her house ... consent which takes the case out of its purview. Nor is
it necessary that the taking of enticing must be shown to
have been
Reserved On: 31.07.2025 vs State Of H.P on 20 August, 2025
2025:HHC:28138
from lawful
guardianship as under:
.
361. Kidnapping from lawful guardianship
Whoever takes or entices any minor under sixteen years of
age if a male ... consent which takes the case out of its
purview. Nor is it necessary that the taking or enticing
must be shown to have been
allegation that the victim is
taken by the accused by enticing her and taking her from
the lawful guardianship of her father.
17. Before entertaining ... which states that whoever takes or entices any minor
.....12/-
Judgment
388 apeal243.23
12
under sixteen years of age if a male
defined under Section 361 IPC, where it is
stated that whoever takes or entices any minor under sixteen years
of age if a male ... consent which takes the case out of its
purview. Nor is it necessary that the taking or enticing must be
shown to have been
defined under Section 361 IPC, where it is
stated that whoever takes or entices any minor under sixteen years
of age if a male ... consent which takes the case out of its
purview. Nor is it necessary that the taking or enticing must be
shown to have been
constituting the offence under Section 363 of IPC
including the enticement or taking away from lawful guardian of the victim are
wholly absent ... controvert the
fact that there is no trace of any enticement or taking away victim by the
appellant as is evident from the version
