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S. Varadarajan vs State Of Madras on 9 September, 1964

21. Perusal of the definition of kidnapping from lawful guardianship taking or enticing away a minor out of the keeping of lawful guardianship is an essential ingredients of the offence of kidnapping. This aspect is dealt with by the Hon'ble Apex Court in the case of S.Varadarajan vs. State of Madras, reported in MANU/SC/0081/1964 wherein it is held that there is a distinction between "taking" and allowing a minor to accompany a person. The two expressions are not synonymous though we would like to guard ourselves from laying down that in no conceivable circumstance can the two be regarded as meaning the same thing for the purposes of Section 61 of the Indian Penal Code. We would limit ourselves to a case like the present where the minor alleged to have been .....21/-
Supreme Court of India Cites 11 - Cited by 778 - J R Mudholkar - Full Document
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