Dated 1.6.1985 by which the respondents were
acquitted of the charge of abduction and rape. For what
follows, the judgment impugned in this appeal, presents ... High
School, Pakhowal near about the place from where she had
been abducted. The prosecutrix had to take her examination
in the subject of Hygiene
Penal Code (hereinafter
shall be referred as ` I.P.C .') for abducting
prosecutrix and then committing rape on her. Trial
Court after appreciation ... this appeal is whether the present
Appellant had committed the offence of abduction and
rape on the prosecutrix on 23.06.1994 or whether he has
been
Section 366 of the IPC which are as under:-
“366 “Kidnapping, abducting or inducing woman to
compel her marriage, etc.—Whoever kidnaps or abducts ... punishable as
aforesaid.”
7
In order to constitute the offence of ‘abduction’ a person must
be carried off illegally by force or deception, that
Thereafter, PW12, the successor of PW11, after seizing the
vehicle used for abduction and after completing the
investigation filed the charge sheet on 19th June ... true story
which would clearly show that there was no incidence of
abduction. The girl had run away from home as she was
being compelled
Singh alias Sheru at
point of a weapon gave her threats and abducted her against her
wishes. The complainant kept on searching his wife ... other accused put a hand on her mouth
and they abducted her. The accused-appellant accompanied the
prosecutrix and the other accused upto the place
prosecution story, prosecutrix was minor. She was
abducted by appellants Pintu and Bhura on 9.1.99 at about 6.30
pm when she had gone to answer ... witness to the incident
and was not involved in either kidnapping or abduction for which
he has been punished for three years and five years
been pleaded that petitioner no.1 has neither been kidnapped nor abducted. Marriage of choice of petitioner no.1 Smt. Parvati Kumari has not been ... been committed, and whether petitioner no.1 Smt. Parvati Kumari had been abducted or kidnapped by petitioner no.2 Virendra Kumar.
The factum
aside.
4. Mr. Mehta, however, next argued that as the offence of abduction would be by way of alternative charge to one of kidnapping ... Criminal Procedure Code to convict the accused for the offence of abduction under the same Section 366 of the Indian Penal Code, if the facts
appellant made statement to ASI Gurdial
Singh on 06.12.2004 in relation to abduction of his wife Amarjit Kaur
at about 8.30 pm. On the basis ... sight was
adversely affected. He further stated that 5/6 persons forcibly abducted
his wife on a scooter. He also gave description in respect
kidnapped Mastura Bibi from the lawful guardianship of her father Majidulla or abducted her with intent that she might be compelled to marry Husmutulla against ... accused persons are being charged with kidnapping or are being charged with abduction and similarly whether they have been charged with kidnapping or whether they
