Sehyog Vihar had taken away his
daughter after enticing and allluring her. On the basis of this
statement present case was registered. The investigation ... statement. He has deposed that accused Salman had taken his
duaghter after enticing her. Police recorded his statement Ex.PW2/A.
After
which reads as under:
29. Section 361 Whoever takes or entices any minor under
sixteen years of age if a male, or under 18 years ... four essential ingredients are required to be satisfied, namely:
(1) Taking or enticing away a minor or a person of unsound
mind.
(2) Such minor
victim S. The PW4 Smt. Seema alleged that accused Raju had enticed away
her daughter S and prayed that appropriate action be taken ... testimony of
prosecutrix, the element of 'taking away' or 'enticement' is found to be lacking and it
appears that prosecutrix
Puram and filed a complaint expressing suspicion
that some unknown person had enticed and taken his sister S with him. On basis of
said complaint ... that taking advantage of her absence, accused started enticing victim S. The PW3
then deposed that sometime, prior to the incident, accused went
which is reproduced
below:
361. Kidnapping from lawful guardianship.--
Whoever takes or entices any minor under sixteen
years of age if a male, or under ... that day. Hence her
consent is immaterial if accused has enticed her or taken her without the
consent of her lawful guardian.
15. The important
person of unsound mind;
(ii).there must be taking or enticing of a minor or
a person of unsound mind;
(iii).the taking or enticing ... minor or
person of unsound mind; and
(iv).the taking or enticing must be without the
consent of such guardian.
The minor means under
Wazirpur, Village Ashok Vihar, who was residing there on rent, after enticing his
daughter.
PW4 has further deposed that he searched his daughter ... that he told to the IO in his
supplementary statement that after enticing his daughter, accused Manoj Thapa made
physical relations with her daughter after
showed
suspicion on accused having taken away her daughter after giving her
enticement.
2. On this complaint PW5 prepared rukka and gave ... defined u/s. 361 IPC are "taking" or "enticing". The word " take" means
to cause to, go to, escort
State Vs. Sunny
PS Hazrat Nizamuddin 7 of 12
Whoever takes or entices any minor under sixteen
years of age if a male, or under ... ingredients to constitute offence of
kidnapping are as under:
(a) taking or enticing away a minor or a person of unsound mind
(b) such minor
Reads :
"361 : Kidnapping from lawful guardianship :
Whoever takes or entices any minor under sixteen years
of age if a male, or under eighteen years ... ingredients to constitute offence of
kidnapping are as under:
(a) taking or enticing away a minor or a person of unsound mind
(b) such minor