Indian Penal Code on the allegation that he having
enticed away a minor girl (daughter of Ramashish Sharma, P.W.1) committed rape upon ... that course, came to know that this appellant had enticed away her daughter.
On such allegation, a case was registered as Dhurwa P.S. Case
came to know from his neighbours that his daughter had
been enticed by one Sonu @ Parvinder. He also tried to contact the family
members ... allegedly told the father of the proesecutrix that she had been enticed by the
accused has not been examined by the prosecution to show that
under
Section 375 IPC. Similarly, there is no allegation that accused had enticed
the victim in any manner, Thus no offence is made out against ... Section 361 IPC and same runs as under:-
"Whoever takes or entices any minor under sixteen
years of age if a male, or under
prosecutrix had left his house of her own free will without any enticement from the
accused or that he had introduced a false story ... been used upon her by accused
Sushil or that he had enticed her to accompany him to Delhi. He admitted that his
daughter
accompany her and there is no evidence that
accused had induced or enticed the victim in any manner, no case is made
out against ... section 361 IPC and same runs as under:-
"Whoever takes or entices any minor under sixteen
years of age if a male, or under
succeed. He suspects that someone had taken her away
after alluring and enticing. On this statement Ex.PW3/A, IO made his
State ... which reads as under:
'Kidnapping from lawful guardianship - Whoever takes or
entices any minor under sixteen years of the age if a male
Page 4 of 22
State Vs. Sher Singh
she was enticed by the accused and thereafter she was kidnapped. She
further deposed that accused ... there is nothing on
record which may suggest that accused had enticed the victim in any
manner.
8. Per contra, learned Additional Public Prosecutor contended
Nathu Colony,
Nand Nagri, Delhi, accused Shahnawaz Alam enticed
prosecutrix ___X___ aged about 17 years out of keeping of
her lawful guardianship without their consent ... prosecution has to prove firstly, that the prosecutrix who
was taken or enticed was under 18 years of age; secondly,
that the accused had taken
there is any evidence on
record to prove that the accused had enticed the victim in any manner?
18. In this regard, the testimony ... cross-examination which may help the
prosecution to prove that accused had enticed or induced the victim in any
SC No. 45/13 Page
weak mind. She suspects that someone had
taken her away after enticing and alluring her. On the basis of this
statement IO prepared rukka ... which reads as under:
'Kidnapping from lawful guardianship - Whoever takes or
entices any minor under sixteen years of the age if a male
