deciding such cases,
one should avoid the temptation to decide cases (as said by Cardozo)
by matching the colour of one case against the colour ... case or the evidence of the victim are minor discrepancy
which does not go to the root of the prosecution case about the
kidnapping
kidnapping.
10. Learned counsel for the appellant has submitted that the case of kidnapping or abduction has not been proved by the prosecution and before ... each case. Kidnapping and abduction are two distinct offences. The ingredients of the two offences are entirely different. Kidnapping except kidnapping from India
girl below 18 years could be no excuse in
a case of ‘kidnapping’ within the meaning of Section 361 IPC.
ANALYSIS ... first
glance, does little to aid the appellant’s case. On facts, the case is
distinguishable as it was restricted to an instance of “taking
Haryana , (1983 Chandigarh Cr. Cases 408 : 1983 Cri LJ 1574. That was also a case where a girl was' kidnapped from Ambala ... kidnapping is complete as soon as the person is kidnapped with the requisite guilty intention or knowledge, and the consequence of kidnapping or abduction does
Learned counsel for the appellant has submitted that the case of kidnapping or abduction has not been proved by the prosecution and before proceeding ... each case. Kidnapping and abduction are two distinct offences. The ingredients of the two offences are entirely different. Kidnapping except kidnapping from India
situation.
7. Learned counsel for the appellants has submitted that the case of kidnapping or abduction has not been proved by the prosecution and before ... each case. Kidnapping and abduction are two distinct offences. The ingredients of the two offences are entirely different. Kidnapping except kidnapping from India
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
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
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
