examined.
Section 363 , I.P.C. has provided for punishment in case of kidnapping of any person from
India or from lawful guardianship. What ... intent of the accused is the basis for
determination in each case of kidnapping. In the instant case, in the light of the discussions
made
kidnapped child, Bharat weeping near Maner
Dargah. On making enquiries, he informed the police that he had been
kidnapped from Delhi. The kidnapped child ... crime, even in the worst case scenario, the prosecution could only prove
the case of kidnapping under Section 363 IPC, which entails a maximum
punishment
illness. It was only when she did not reach
home that case of kidnapping was registered against the three named
persons and after the recovery ... case beyond reasonable doubt equally applies to a rape case.
In order to prove gang rape by the appellants on 'R' after kidnapping
that there is some controversy whether in a case of kidnapping or abduction, the evidence of the prosecutrix should be acted upon or not without ... kidnapping. She could, therefore, be convicted of abetment to kidnap if the evidence proved abetment only and not the actual offence of kidnapping. What
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
Additional Public Prosecutor for the State submitted that it was a
case of kidnapping of a child of two and a half years ... case of
kidnapping for ransom in substance was diluted due to fear of life of child
by the complainant. The child was rescued from
respondents-police officers, on the other hand, is that in the kidnapping case, the deceased being one of the accused came to the police station ... respondents-police officers is that the deceased being accused in a kidnapping case was arrested, put behind the lock up of the police station where
verified
genuineness of the same. He would contend that the
entire case of the prosecution is based on surmises. He
would also contend that presence ... evident that the allegations were
regarding kidnapping and demanding ransom. Though
it is not strictly a kidnapping case, but according to
prosecution
tried to search his daughter but did not find, hence filed
kidnapping case before police under offence punishable
under section 363 of IPC. Subsequently ... respect of accused persons committing kidnap and
rape of other women and other girls but not in this case
therefore prayed for rejecting the bail
