case was registered against
accused Sheeshpal and investigation of the case was taken over by SI
Parsuram. During the investigation of the case, SI Parshuram ... wherein he
denied the case of prosecution and stated that he has been falsely implicated
in this case. He never kidnapped and killed Laxmi
readwith Section 34 IPC, charge of
kidnapping, concealment/abduction of a kidnapped person under Sections
363 and 368 and charge under section 506 Part ... findings in the impugned judgment
wherein it is recorded that no case of kidnapping etc. under Section
366 / 368 IPC is made out. Learned counsel
judgment dated 12th June, 1989 for
kidnapping a minor girl and committing rape on her.
Strangely in that case the trial court had sentenced ... cases
where appropriate sentence is the issue.
25. Imposition of sentence without considering its effect on
the social order in many cases
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
alleged kidnapped child must
be under the age of ten years. Admittedly, in the case on
hand, none of the witnesses examined by the prosecution ... supports the
case of the prosecution.
As analysed above, the witness (PW-2) has specifically
stated that, when he saw the kidnapped child
juvenile') who was
arrayed as second accused in the case. His case was dealt with
as per the provisions of Juvenile Justice (Care ... girl. The evidence adduced in this case proves beyond
reasonable doubt that the unfortunate minor girl was kidnapped
from the lawful guardianship of her foster
sister.
7. In the present case, the prosecution cited 13
witnesses in order to prove its case against the accused. After
framing of the charge ... Singh
12. Age of the prosecutrix: In the present case, accused
is alleged to have kidnapped prosecutrix, a minor aged about 17
years and took
Sonu Kumar
JUDGMENT
1. Accused is facing trial in present case on allegations
of kidnapping, assaulting, voluntary causing hurt, administering
intoxicating substance, threatening ... case where accused committed rape upon prosecutrix
after administering intoxicating substance on her and of
kidnapping, beating and threatening her. Medical examination of
prosecutrix
gravity of crime, the
discretionary judgment in the facts of each case, is the only way in which such judgment
may be equitably distinguished ... cases where appropriate sentence is the issue.
29. Imposition of sentence without considering its effect on the social order in
many cases
gravity of crime, the discretionary judgment in the
facts of each case, is the only way in which such judgment
may be equitably distinguished ... cases where appropriate sentence is the issue.
25
28. Imposition of sentence without considering its effect
on the social order in many cases
