prosecution case is primarily based on the evidence of P.W. 11. It
is trite law that in the case of kidnapping and sexual assault ... lodging the First Information Report
of the instant case. The girl was allegedly kidnapped on 25th September, 1995.
First Information Report has been lodged
view of explanation put
forth by the prosecution in such like kidnapping cases. PW1 has
explained that on 3.12.1998, having found her daughter missing ... lose sight of the fact that in such
kidnapping and sexual offences cases, the delay in lodging the FIR can be
due to variety
Singh, counsel for the Delhi Commission for
Women.
***********************************************************
Sessions Case Number : 29 of 2013.
Unique Case ID Number : 02401R0353912010.
FIR No. 130/2010, Police Station ... Kumar along with co-accused Mr.Ajit Kumar
Sessions Case Number : 29 of 2013.
Unique Case ID Number : 02401R0353912010.
FIR No. 130/2010, Police Station
such, according to this witness, it is not a case of kidnapping
and rape but elopement.
25. In this respect, the learned counsel has submitted ... case, an application before the court has to be made
which was not done so in this case.
34. On the issue of kidnapping
Detection Expert, wherein the accused admitted his involvement in several
cases of kidnapping, rape and murder of minor girls.
In another case arising ... accused
suffered a disclosure statement in that case admitting his involvement in
several cases of kidnapping, rape and murder of minor girls.
In the present
very initiation of the prosecution case appears to be doubtful
because as per prosecution case, she was kidnapped on 3.10.2009 and
taken on motorcycle ... minor and,
as such, the evidence supports the prosecution case of kidnapping of a
minor girl and committing rape upon her. Submission is also made
find. Hence, he filed a
missing complaint. The Police, initially, registered kidnapping case
under Section 363 of IPC against unknown persons. Subsequently,
it is alleged ... complaint of respondent No.2, the police admittedly registered a
kidnapping case under Section 363 of IPC against unknown persons
wherein the complainant has categorically
lodging FIR, although it is true that in the case of kidnapping and rape, delay itself is not very material, as has been held ... strong circumstance to indicate that it was not a case of kidnapping or abduction, rather it supports the defence version that the victim
that the consent of a
minor cannot be a defence in kidnapping cases. I
::: Downloaded on - 09/06/2013 17:01:44 :::
30 crapl ... Court that
consent of a minor cannot be a defence in
kidnapping cases.
16. So far offence punishable under Section
376 of the Indian Penal
accuracy and
authenticity of this document
it is a case of kidnapping from the lawful guardianship, I find the reply
in negative.
The evidence shows ... when put
together goes to show that it is not a case of kidnapping, but a case of
elopement when the talks of the marriage
