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1 - 10 of 11 (2.43 seconds)The Indian Penal Code, 1860
Section 363 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Birad Mal Singhvi vs Anand Purohit on 2 August, 1988
In the case of Birdi Mal Singhavi vs. Anand Purohit, 1988 Supp.
SCC 601, it has been held that no evidentiary value can be given to Date of
Birth entry in absence of material on which entry is made.
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Bunty vs State (G.N.C.T.) Of Delhi on 16 March, 2011
17. It has also been held in para 8 of judgment titled as Bunty vs. State
(G.N.C.T.) of Delhi in Crl. Appeal no. 846/2009 decided on
16.03.2011 by the Hon'ble Delhi High Court that :
18.
Page 10 of 12
FIR No. 216/13 : State V/s Suraj : PS Begumpur : DOD: 06.05.2015
"8. In this case, the prosecutrix had accompanied the
Appellant voluntarily without any use of force exercised by
him. It is not a case wherein he had taken the prosecutrix
after enticing her. Prosecutrix had travelled with the
accused to different places outside Delhi without raising
any alarm or complaining to fellow passengers that she had
been taken away by force. If a minor accompanies accused
voluntarily without any offer or allurement then offence
under Section 363 is not made out. ...."
S. Varadarajan vs State Of Madras on 9 September, 1964
In this regard, it would relevant to refer to the case titled as " S.
Varadarajan Vs. State of Madras (reported as AIR 1965 SC 942)",
wherein while distinguishing between " taking" and "allowing a minor to
accompany a person" it has been laid down by the Hon'ble Supreme Court of
India that :
" There is a distinction between " taking" and
allowing a minor to accompany a person. The two
expressions are not synonymous though it can not
be laid down that in no conceivable circumstances
can the two be regarded as meaning the same thing
for the purposes of S. 361. Where the minor leaves
her father's protection knowing and having
capacity to know the full import of what she is
doing , voluntarily joins the accused person, the
accused cannot be said to have taken her away
from the keeping of her lawful guardian."