following details of the cases filed by both the parties against each other
are as under:-
"Cases filed by appellant against Geeta Anand ... ground
of cruelty which later on converted into Mutual
consent.
2. Kidnapping case by filling a complaint under
Section 190 Cr.P.C. before
with no doubt regarding the fact that this is a case of kidnapping
for ransom. This is also apparent from the transcripts which again ... present us with clear and cogent proof that the
present case was of kidnapping for ransom and both the appellants were involved in
the same
petitioner no.1 was clearly
guilty of the offence of kidnapping and case against him should not
be quashed. In support of this submission ... help to the prosecution as that was a case of kidnapping of a
five years old girl and attempt to rape
have been recommended out of turn
promotion is for solving the case of kidnapping of the child, with which
W.P.(C) No.6015/2010 ... reward of
`3000/-. Naturally the same is for solving the case of kidnapping. It is
not the case of the petitioner the same has since
submitted by the learned
Additional Public Prosecutor that in the present case the kidnapped
child was actually given beatings also by the kidnappers ... accepting the prosecution case, which has been accepted
by the learned Additional Sessions Judge, that this is a case of
kidnapping for ransom
would affect the case
substantially.
23. In this case, we find the variations neither material nor would they affect
the case of the prosecution ... important ingredient of Section 364A is the abduction
or kidnapping, as the case may be. Thereafter, a threat to the
kidnapped/abducted that
learned ASJ in SC
No.67/2001, arising out of case FIR No.222/2000 lodged by the father
of the deceased prosecutrix under Sections ... brief facts of the case as culled out from the impugned
judgment are that on 10.6.2000, a case of kidnapping was registered
at PS Alipur
corners of Section 364A IPC.
32. In the present case, there were threats that the kidnapped child
Chirag would be harmed. In fact ... when
kidnapping is done with the threat to cause death, hurt etc. to the
kidnapped person, the offence is complete. In the present case
international
borders or the line of control.
(f)War like situations, including cases which are
attributable to/aggravated by:-
W.P.(C)4488/2012 Page ... exercises or
demonstration with live ammunition or kidnapping by
extremists while on operational duty etc. and the case of
the petitioner does not fall
Abc vs Commissioner Of Police & Ors. on 5 February, 2013
Author: Vipin Sanghi
Bench
