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
police nor has she been made a witness in this case. It is
contended that in view of above lapse on the part ... contended
that though it was a kidnapping case but investigation has been
conducted by Anti Homicide Cell of crime branch. No justified
reasons are forthcoming
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
Identification Parade (TIP) and lastly that he was involved in another kidnapping case.
Last seen with the deceased:
5. Gulab Singh (PW5) deposed having seen ... Case No. 462/06, FIR No. 1178/04. The prosecution argued, therefore,
that the accused was a serial offender, who was habituated in kidnapping
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
consent case at the most. Learned counsel for the
appellants next argued that from the facts of the case, even no case
of kidnapping ... Lila. Therefore, in no way it can be held as case of
kidnapping under Section 363 and 366 IPC. As regarding offence of
rape
years of age at the relevant time and, consequently, no case of kidnapping was made out, (c) The prosecution failed to prove that Mt. Roshni ... case, because unless it is shown that she was below 18 years of age at the relevant time, there could be no case of kidnapping
gone
along with the applicant without any resistance and thus, no case of
kidnapping is made out. It is further submitted that the girl ... girl had voluntarily left her house without any objection, therefore,
no case of kidnapping is made out.
Unfortunately, the submission made by the counsel
light of the facts of the case, was laying
down the proposition as regards a case of kidnapping,
which could be punishable under Section 366A ... pointed out that the case of mere elopement has always
to be distinguished from a case of kidnapping, if a lady
even under 18 years
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
