relating to institution of a case by Rajendra
Mahto, father of Daya Shankar Sah for kidnapping of his niece
wherein he has gone to Jail ... father of Daya Shankar Sah
namely Rajendra Sah had instituted a kidnapping case against
PW-7 and others in which, there happens
that being so, neither it
happens to be a case of kidnapping nor rape. However, neither ocular
nor documentary evidence has been adduced in defence ... kidnapping
should be for the purpose of getting the victim indulged in a sexual
activity with other than the kidnapper. In this particular case,
appellant
aforesaid facts and circumstances of the case, could not be considered
it a case of kidnapping and in likewise manner, attempt to outrage the
modesty
kidnapping of Shital Kumari and for that, a specific case bearing
Parihar PS Case No. 47/2006 was registered and further there also
happens ... case of the prosecution with regard to her
kidnapping relating to Parihar PS Case No. 47/06. That being so, the
judgment of conviction
kidnapping of Shital Kumari and for that, a specific case bearing
Parihar PS Case No. 47/2006 was registered and further there also
happens ... case of the prosecution with regard to her
kidnapping relating to Parihar PS Case No. 47/06. That being so, the
judgment of conviction
thereof, this case has been instituted.
12. PW-7 is the main Investigating Officer who had
deposed that after registration of the case, he took ... that Amardarshan
Singh @ Hira Singh, one of the accused of this case had kidnapped
his daughter, Munni Kumari aged about 11 years
aforesaid Lalan Ram to have kidnapped his daughter with ulterior
motive.
3. After registration of Begusarai Town P.S. Case No.71
of 2012, investigation ... That being so, it is a fit case wherein the judgment
impugned be set aside and matter be remitted back to the learned
lower Court
inordinate delay in
institution of the instant case without having cogent explanation.
Delay in institution of a case is fatal to the prosecution unless ... during course
of evidence and supported the case of prosecution over kidnapping
as well as subjected to rape while was kept by the appellant
been kidnapped. Furthermore, it has
also been disclosed that at an earlier occasion his father was
kidnapped and for that Case No.14/1999 ... trial,
meeting with ultimate result, subject matter of instant appeal.
4. Defence case as is evident from mode of cross-
examination as well as statement
case wherein appellant should be acquitted.
7. Furthermore, it has also been submitted that this case
should be seen through another angle. From the evidence ... aforesaid facts and
circumstances of the case, appellant could not be held liable for
kidnapping of the victim and in likewise manner
