under:
"Kidnapping for ransom, etc.− Whoever kidnaps
or abducts any person or keeps a person in
detention after such kidnapping or abduction
and threatens ... defines kidnapping. As per
the said provision there are two types of kidnapping
i.e.: (1) kidnapping from India; and (2) kidnapping
from lawful guardianship
364A. Kidnapping for ransom,
etc.
Whoever kidnaps or abducts any
person or keeps a person in detention
of the such kidnapping or abduction
and threatens ... detention after such kidnapping or
abduction;
(3) The kidnapping or abduction was for ransom.
44. In the present case, from the testimony of Smt.
Devender
apprehensive that the child may
become an instrument to establish the case of kidnapping
against the two appellants, he was put to death. The fact ... learned counsel for appellant no.2 that at best a case of
only kidnapping was made out against appellant
no.2/Rani. This is predicated
dead body of
the kidnapped boy is found after 10 days. To our mind, with
reference to the hypothetical case posed by the Supreme
Court ... company of another
person, as in the case of kidnapping, whatever may be the
length of time between the incident of kidnapping and the
victim
same very night. The appellants were
formally arrested in the case at 5.15 a.m. on 13th February,
2001 on reaching Delhi.
4. The learned ... important ingredient of Section 364A
is the abduction or kidnapping, as the case may be.
Thereafter, a threat to the kidnapped/abducted that
child was kidnapped for
ransom. Moreover, if a child is kidnapped and
taken out of the city from which he is kidnapped
and a ransom ... case and as followed in Narender's case, we hold that in
the instant case the offence of kidnapping for ransom as
contemplated
essential ingredient of the offence of kidnapping. It was held
that in such a case, it is difficult to held that the accused had
taken ... held that it could not also be called a
case of kidnapping.
Crl.Appeals 311-312/1999 Page 25 of 33
36. However
appellant
in the facts and circumstances of this case. The facts and circumstances
of the case clearly indicate that the prosecutrix willingly accompanied
the appellant ... held that it could not also be called a case of
kidnapping.
22. In view of the reasons stated in the preceding paragraph,
conviction
follows:-
"11. In that case the minor boy was
kidnapped and it was alleged by the
prosecution that a telephone call came from ... regards the Role alleged against
accused Sri Om, the prosecution case is that the
kidnapped child was recovered from the roof of his
house
with
suspicion, is without any substance for the reason in a case of
kidnapping the trap has to be laid with utmost secrecy ... releasing the kidnapped child. It has to be proved
that there was a threat to cause death or hurt to the kidnapped
child under pain
