investigation
conducted in this case and presented in the form of chargesheet
clearly makes out a case of kidnapping against the present petitioner ... person of unsound
mind, without the consent of such guardian, a case of
kidnapping is made out...‖
15. Thus, the essential ingredients of the offence
relationship between the appellant and the victim appeared to be
consensual, the case would nevertheless be classified as rape since the
victim was a minor ... trial
court concluded that it was a case of kidnapping as her consent was
immaterial inasmuch as being a minor she was not capable
enticed away
or kidnapped from her lawful guardianship and if her version is to be
believed, then it was, clearly, a case of elopement ... time of commission
of offence and secondly, whether it was a case of kidnapping or whether it
was a case of consensual elopement
minor at the time of
the alleged incident.
6. In the cases of kidnapping and rape, the prime question for
consideration always remains ... Signing Date:28.08.2025
19:14:07
7. Prosecution has built up its case on the basis that prosecutrix
was aged about 14 years
Jagdish Kumar Arora vs Directorate Of Enforcement on 9 April, 2025
Author: Sanjeev Narula
Bench
Anil Kumar Aggarwal vs Directorate Of Enforcement on 9 April, 2025
Author: Sanjeev Narula
Bench
gets protracted despite assurances
of the prosecution, and it is clear that case will not
be decided within a foreseeable time, the prayer for
bail ... under the Narcotic Drugs and
Psychotropic Substances Act, 1985 , murder, cases of
rape, dacoity, kidnaping for ransom, mass violence,
etc. Neither is this a case
offence. These two conditions have the
effect of overshadowing other conditions. In cases where bail is
sought, the court assesses the material-on-record such ... even in serious offences like
murder, kidnapping, rape, etc.
On the other hand, the court in these cases under such special Acts,
have to address
contra, learned APP for the State submits that the prosecution case
against the present applicant is based on the confessional statement given ... history since year-2012 and he is involved in 05 cases like Attempt
to Kidnapping, Robberies, Extortion, Arms Act etc. which is self
explanatory about
involving murder, attempt to murder, kidnapping for
ransom, and robbery, across different jurisdictions. His arrest in the present
case led to his being committed ... registration and
investigation of the case under Sections 3 and 4 of MCOCA. The proposal
lists several cases from 2011 onwards, involving the Applicant
