Kidnapping for ransom, etc.-- Whoever kidnaps
or abducts any person or keeps a person in detention
after such kidnapping or abduction, and threatens to
cause ... person kept in detention after such
kidnapping or abduction. Thus, the kidnapping or abduction
or detention after such kidnapping or abduction for ransom
thereafter threatened by the appellant that his wife would
be kidnapped and in any case, he should make arrangements
for the amount. Thereafter, Shri Bothra ... Textiles. The prosecution
has failed to establish the case of kidnapping and abduction of
Shri Bothra and has also failed to establish the ingredients
forcibly taken away from the custody of her guardian.
Therefore, no case of kidnapping is made out.
11. As both the accused are charged ... above the age of 18 years. Therefore, neither the case
of kidnapping can be established nor the case of rape.
::: Uploaded on - 18/01/2018
prosecution. Therefore, it cannot be said that the
prosecution has proved its case beyond reasonable doubt.
5. The learned APP supported the impugned judgment ... Code .
Section 363 of the Indian Penal Code provides punishment for
kidnapping. The case in hand is in respect of taking the victim
female child
daughter/prosecutrix/PW1 talking with the appellant/
accused.
(d) It is case of the prosecution that the appellant/accused told
the prosecutrix ... adduced by the
prosecution and submitted that the case in hand cannot be a case
of kidnapping a minor girl from out of keeping
clause (10) is concerned, the learned
A.P.P. stated that the case of the petitioner fell under sub-
clause (10) as in 2013 when ... that as per the new Notification only if it is a case
of kidnapping for ransom which falls under Section 364-A of
IPC, only
accused no.8 Durga Sitaram Shirbhate.
3. In brief, it is the case of prosecution that deceased
Sapna, aged about seven years was daughter ... report above named persons to have kidnapped her daughter to
cause her murder.
4. It is the case of prosecution that, 3-4 days prior
prosecution.
It is a specific case as stated by the complainant in the
complaint that she was forcibly kidnapped by the accused person
and taken ... case beyond reasonable doubt.
7. The specific case of the prosecution that the
prosecutrix, who is below 16 years of age was kidnapped
brother had threatened that he would
kidnap the child of the Respondent.
23 It is the case of the Appellant that on 24 th January
case:
PW 1 Kashinath Mohure lodged report dated 28.12.2014 at
Police Station Sindewahi (Exh. 11) alleging that his daughter aged 16
years is kidnapped ... 2018 01:16:24 :::
4 apeal225of17
case that PW 2 was kidnapped. Shri Rai would submit that even if it is
assumed, arguendo, that
