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1 - 5 of 5 (0.26 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
Vishwanath vs The State Of Uttar Pradesh on 3 September, 1959
The learned Counsel for the appellants has cited the decision of the Supreme Court in Vishwanath v. State of U.P,, AIR 1960 SC 67. In the present case it can not be said that the deceased was abducting Shakila from the house of accused Mangal. On the contrary it was accused Mangal who had taken away Shakila from the house of her uncle without any justification. Shakila was not living with accused Mangal voluntarily. As already mentioned accused Mangal was already married and he could not bring another married lady in his house. The uncle and brothers of Shakila even if they had come to take her were not guilty of commission of the any offence much less abducting her or taking her away against her wishes. As mentioned above Shakila was an important witness to probablise the defence of accused Mangal and she has not been examined. The FIR lodged by the accused persons has also not been brought on record to ascertain what was the first version of accused Mangal regarding the incident. The plea of self-defence set-up by accused Mangal has been rightly rejected by the Trial Court.
Section 325 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
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