prove the factum of kidnapping of such girl or women
out of the lawful guardianship of the girl. In this case the prosecutrix has
herself ... factum of marriage is
also proved.
58. Thus, neither the case of kidnapping nor the case of any penetrative
sexual assault as described in section
grudge against the accused persons.
25. In the present case the fact of kidnapping stands established
conclusively from the facts and circumstances of the present ... Therefore, from the facts and circumstances of the case the
knowledge qua child in question being kidnapped can be fairly attributed
upon accused persons
case of the prosecution, Rakesh Rajput is the
victim of the case who had been kidnapped by the accused
persons. So, he is the most ... complainant of the case. As per prosecution case, in the
presence of Sh. Lovenish Kumar, the accused persons have
allegedly kidnapped Rakesh Rajput
produced before the court concerned, it is directed that in case the alleged kidnapped girl Km. Anjumara Khatoon appears/produced before the court of learned ... petitioners shall co-operate with the investigation. In case the alleged kidnapped girl appears to be minor or if she is major but supports
assailing their conviction
and sentencing as noted above. These cases involve alleged
kidnapping of a boy, by name, Master Satish Kumar, 9 years ... this case is no way
helpful to the prosecution case."
"75. Further in this case, P.W.8, J. Satyanarayana, a Police
Constable
Police came to Badayun and arrested us in this false
case. Neither we had kidnapped the child nor we had made
any demand ... guilt of
the appellants with regard to kidnapping of the child victim. To
prove the kidnapping of the child by the appellants
material and this delay does not
affect the case of the prosecution."
Similarly in a case reported ... witness to the act of rape and kidnapping
and this fact that she was kidnapped under the allurement by the
Cr. Appeal No. 08/2014
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.
15. Imposition of sentence without considering
its effect on the social order in many cases
above evidence, to our mind, clearly proves the case of
kidnapping for ransom. We, therefore, reject the submissions made by
learned counsel for the appellants ... reads thus:
364A. Whoever kidnaps or abducts any person or
keeps a person in detention after such kidnapping
or abduction and threatens to cause death
years and was under
the custody of lawful guardianship. In the present case, Savitri
Patre (PW-3) is the mother of the prosecutrix ... stay with him and therefore, it is not a case of kidnapping or
abducting the prosecutrix to compel her to illicit intercourse,
therefore, offence under
