distinct offences independent of one another, namely, kidnapping and concealment of kidnapped person, but in a given case, it is pointed out that there ... know who kidnapped and yet there may be concealment of the kidnapped at a different place. Notwithstanding this, the offence of kidnapping having taken place
Kidnapping for ransom, etc.-- Whoever kidnaps
or abducts any person or keeps a person in detention
after such kidnapping or abduction, and threatens to
cause ... person kept in detention after such
kidnapping or abduction. Thus, the kidnapping or abduction
or detention after such kidnapping or abduction for ransom
some delay in the matter of proceeding with this case. It appears that the case was in fact referred to for the opinion ... respondent of that right and had falsely fabricated a case of kidnapping against him.
6. The defence taken by the 2nd respondent was that
taken away or enticed her to flee with him. Therefore, the
case of kidnapping as contemplated under Section 363 of IPC
is not made ... effect that since it is the case of love
affair and consensual sex and, therefore, case of kidnapping
under Section
Code. Even otherwise the consent of the minor is immaterial in case of kidnapping and, therefore, the contention canvassed by the learned counsel ... aforesaid case does not help the case of the appellant.
39. The another Judgment of this Court in case of State of Maharashtra v. Surendra
provides that kidnapping is of two kinds, namely, kidnapping from
India and kidnapping from lawful guardianship. Section 360 relates to
kidnapping from India, while Section ... offence of kidnapping. Section 363A deals
with kidnapping or maiming a minor for the purpose of begging.
Section 364 deals with kidnapping or abducting
consideration. When, in what I
may call for short a "kidnapping" case, the judge
has to decide whether to send the child back ... Buckley LJ observed as under:-
"How, then, do the kidnapping cases fit
these principles? Where the court has
embarked on a full-scale investigation
Case are as follows:-
It is the case of the prosecution that on 4th July 2000 at about 10.30 a.m., the Accused kidnapped ... judgment in the case of Mohan and Ors. v. State of T.N. . In that case, four Accused kidnapped a young boy for ransom
provides that kidnapping is of two kinds, namely, kidnapping from
India and kidnapping from lawful guardianship. Section 360 relates to
kidnapping from India, while Section ... offence of kidnapping. Section 363A deals
with kidnapping or maiming a minor for the purpose of begging.
Section 364 deals with kidnapping or abducting
that the consent of a
minor cannot be a defence in kidnapping cases. I
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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
