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Shyam And Another vs State Of Maharashtra on 31 January, 1995

21. The Learned Counsel for the appellant relied upon a decision of Hon'ble Supreme Court reported in Shyam and Another vs. State of Maharashtra1 where also the prosecutrix was allegedly kidnapped by the appellant by making her to sit on the carrier of a bicycle. It was held prosecutrix a fully grown woman not jumping down from the bicycle or putting up a struggler or raising an alarm to protect herself, she was a willing party and there was no taking out of the guardianship of her mother and set aside the conviction. In that case the prosecutrix was taken out of the lawful guardianship of her 1 1995 SCC (Cri) 851 Page 16 of 18 2026:CHC-AS:550 mother. More so the evidence of I.O. evinces that the I.O. recorded statement of victim at the P.O. when she disclosed that the appellants intention was to marry her and she was familiar with him. She also deposed before the court that the appellant proposed her to marry and because of her such statement the instruction to FIR was not given by O.C. T Mr. Guha. He therefore also did not prove signature of victim or appellant in the Seizure list.
Supreme Court of India Cites 1 - Cited by 123 - M M Punchhi - Full Document
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