that unless accused has taken a minor against her consent
with some enticement or inducement, the ingredients of
Section 361 of IPC, cannot be held ... submitted that the accused stating
that he would marry the victim had enticed her, induced
her and taken away her from the lawful custody
they had a strong suspicion against
the accused that he had enticed the prosecutrix and
kidnapped her. The said complaint was registered by
the complainant ... guardianship, as
below:
Section 361-Kidnappaing from
lawful guardianship.- Whoever takes or
entices any minor under sixteen years of age
if a male, or under
accused
in the guise of loving and marrying the victim girl, enticed
her to go along with him from near her house ... marriage and thereby, his act of enticing
PW2 the victim and taking her to Hyderabad,
has resulted in committing an offence
punishable under Section
assured her that he would take care of her properly
and enticing her, took her away from her house by making ... next day evening. When enquired she revealed that the
accused enticing her had taken her to a construction place
near Tumkur and keeping
following
words:
"361. Kidnapping from lawful guardianship.-
Whoever takes or entices any minor under sixteen
years of age if a male, or under eighteen ... suggestion made by the prosecution that it
was at the inducement and enticing of the accused she had
gone with the accused was not admitted
examined any of the independent
witnesses who might have seen the accused enticing the
girl asking her to come to his home, so that ... home at the time
when the accused is said to have enticed the girl to come
reads as below:
"361. Kidnapping from lawful
guardianship.-Whoever takes or entices any
minor under sixteen years of age if a male, or
under ... under the age of 18 years is
either taken or enticed out of the keeping of the lawful
CRL.A.No.200118/2020
16
guardian
promised to marry the victim lady who was already married
and accused enticed the said lady and made separate
house in different area and continued
promised to marry the victim lady who was already married
and accused enticed the said lady and made separate
house in different area and continued
tribe and therefore, if
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the accused Nos. 1 and 2 had enticed away PW1 from
the lawful custody of PW3, it amounts
