know about the progress of the case, I identified
accused Niranjan as a person who had kidnapped me on 10.03.2010
along with his associates ... basis did the
police arrest the accused in this case and implicated them in this
case.
41. In our view, the manner in which
accused Vishwa
Bandhu Tyagi who was involved and arrested in many cases
of kidnapping for ransom. Police searched for accused
Vishwa Bandhu also and during ... live cartridges. A separate case
under Arms Act was registered against him. His disclosure statement was
recorded. He disclosed that Kidnapped person Abhey Bahal
applicable to the facts of the present case. Section 360 IPC (kidnapping
from India) reads as under:
―whoever conveys any person beyond the limits ... submitted that the IPC provisions with regard to
kidnapping would apply to the present case.
24. Learned Amicus Curiae suggested issuing the following directions
appellants to be found innocent.
Kidnapping for Ransom
35. Before delving into the merits of the case, we deem it appropriate to
discuss the relevant ... important ingredient of Section 364A is the
abduction or kidnapping, as the case may be.
Thereafter, a threat to the kidnapped/abducted that
bear upon the intent with which the accused
kidnapped or abducted her. If the accused kidnapped or
abducted the woman with the necessary intent ... forced to
have illicit intercourse. Hence, it is not a mere case of
kidnapping for indecent assault but the purpose for
which kidnapping was done
trial Court in the offence of Kidnapping. It was
further stated that in the instant case, the testimonies of the PW1 and
PW4 are corroborated ... important ingredient of Section 364-A is the
abduction or kidnapping, as the case may be. Thereafter,
a threat to the kidnapped/abducted that
first outline the relevant facts of the present case.
6. In the present case, a complaint dated 27th March 2015 was lodged
with police station ... 2018 Page 4 of 12
person had kidnapped her. In pursuance to the said complaint, a case was
registered under Section 363 IPC and during
person who had kidnapped the victim.
The prosecution could not prove the victim was minor at the time
of her alleged kidnapping and her conduct ... earlier their neighbour had kidnapped
her minor daughter. In pursuance to the said complaint, a case was
registered under Section 363 IPC initially.
8. During
brief facts of the case, as mentioned by the learned Trial Court
are reproduced hereinbelow:
"The case of the prosecution, in brief, is that ... Entry it appears that the said boy has been
kidnapped by someone therefore, a case U/S 363, 365
IPC is registered and the investigation
Police Station Matsena, District Firozabad,
in connection with the investigation of this case. As per his testimony, the
above persons had proceeded from Delhi ... Delhi, were already
present at Police Station Matsena. I.O. of the case contacted S.O. of
Police Station Matesena, namely, Sh. K.K. Mishra
