State vs Hitesh@Golu on 15 April, 2024
20. Thus, for attracting Section 368 IPC, the knowledge is a
sine-qua-non. Any conviction U/s 368 IPC can only be sustained,
if the accused could be held liable of having knowledge of the
fact that an offence of kidnapping or abduction is committed in
respect of the victim. To apply Section 368 IPC, accused must be
proved to have had knowledge of the fact of kidnapping or
abduction (Emperor Vs. Zamin AIR 1932 and Kharag Singh
Vs. State of U.P 1981, U.P. CRC 19). Section 368 pre supposes
that the offence of kidnapping or abduction has taken place so
that anyone wrongfully concealing or confining the person
kidnapped or abducted is guilty of an offence U/s 368 IPC. But
where kidnapping is not proved in the first place wrongfully
confining or concealing does not constitute and offence U/s 368
Cr. No. 3931/2019
FIR No. 388/2017
PS Pahar Ganj State Vs. Hitesh @ Golu Page 10/19
IPC.