applied in every case and each case has to be dealt with
considering its nature and the circumstances surrounding the case. One size
fits ... persons.
36. It must be kept in mind that the present case involves kidnap of
two young school going girls and the mental trauma that
Karuppasamy, CP No.6272, PID No.53447.
2. It is the case of the petitioner that his father was convicted by
the District Court, Madurai ... sentenced to undergo life imprisonment for the kidnapping case. Aggrieved
over the same, the convict has also filed an appeal before this Court
that
even if the prosecution case is admitted, it is a case of consensual affair;
and that therefore, the impugned judgment is liable ... version, it does not appear to be a case
of forcible kidnapping. The prosecution case that the victim was
subjected to forcible sexual intercourse
undergo simple imprisonment for three months.
2.(a) It is the case of the prosecution that the victim, a girl child aged
16 was found ... defacto complainant came to
know that the first accused in this case had kidnapped the victim and on the
promise of marriage, had sexual intercourse
Rule 21(h)(2) provides a bar in a case, which involves
kidnapping for ransom, which is punishable under Section ... case in hand, the convict has not been punished for kidnapping for
ransom, but he has only been punished for the offence under Section
accused in this case. The petitioner's Car was used by one of the accused
in this case for kidnapping and hence ... Prosecutor submitted that the present
case in Crime No.353 of 2024 was registered against the accused for kidnapping
a newborn child. They were arrested
ground to throw out an otherwise reliable prosecution case.
33. In the instant case, the victim has been consistent and clear in
her complaint ... evidence of PW4, the discrepancy regarding kidnap and rape, does
not in any way affect the prosecution case. This court cannot be oblivious
above.
3.The learned counsel for the appellant submitted that in this case at the
time of occurrence, the appellant was of 24 years ... place and mind which is now
projected as though the appellant forcibly kidnapped the victim and took her to
a Marudhamalai Murugan Temple and tied
this case is no more.
4.The case of the prosecution is that the victim in this case is aged
about 17 years ... against a1
as though he kidnapped the victim girl. During investigation, when the
victim was secured the entire case unravelled and now the parents
Court,
Additional Special Court for the exclusive for trial of POCSO Act Cases
(Magalir Neethimandram), Chennai at Allikulam.
2. Heard the learned counsel on either ... given a complaint, as if the petitioner had
kidnapped the victim girl; based on that, case in Crime No.13 of 2021 was
registered
