urged by the learned Senior Counsel for the applicant is that kidnapping was completed at Nagpur and no consequence of this offence of kidnapping ... ingredient of the offence. It was held that the offence of kidnapping is complete as soon as the person is kidnapped with the requisite guilty
completely vague. The place was the
crowded place and the Victim's testimony is completely silent as to
in what manner she was kidnapped ... silent while she was kidnapped by the
Appellant. The evidence of the Victim is far from establishing the
offence of kidnapping.
7. As regards
prosecution for establishing the above essential ingredient of the offence of kidnapping was not at all sufficient for vindicating the prosecution case. The Court, therefore ... lawful guardian/complainant, and that, hence, the offence of kidnapping was complete. I have to examine legal position in this respect.
7. Mr. Shafiuddin, learned
Station by first taking her from the road, an offence of kidnapping was complete. It was at this point of time that the prosecutrix ... evidence of the prosecutrix herself, the offence of kidnapping as against her was complete. Once the accused Nos. 1 and 2 had taken
girl, still the offence of rape, under Section 376, by him was complete,
13. The questions, however, remain as to -
(a) whether the accused ... consequence and the offence was complete even though she happened to be a consenting party to the act of kidnapping. This brings
Kidnapping is of two kinds : kidnapping from British India, and kidnapping from lawful guardianship.
Then comes Section 360 , which defines the offence of kidnapping from ... that the statute first under the heading "Kidnapping" says that kidnapping is of two kinds, then defines both in Sections
Dhanraj @ Dhananjay would kidnap the prosecutrix at the relevant time. He aided appellant Dhanraj @ Dhananjay in doing the act of said kidnapping. Their joint liability ... quantum of sentence, I find that the act of alleged kidnapping was not completed as such. The evidence on record reveals that appellant Dhanraj @ Dhananjay
such release is
obtained (Prisoners may be eligible for furlough after
completion of stipulated sentence in the respective section);
(9) A Prisoner or class ... such as terrorist crimes,
mutiny against state, kidnapping for ransom (Prisoners may be
eligible for furlough after completion of stipulated sentence in
the respective section
Code provides punishment for an offence of kidnapping. However, Section 361 deals with the offence of kidnapping of a minor girl below 18 years ... child out of possession of parents. The offence of kidnapping from lawful guardianship is complete when the minor is actually taken from lawful guardianship
thus:-
364-A. Kidnapping for ransom, etc.- Whoever
kidnaps or abducts any person or keeps a
person in detention after such kidnapping or
abduction ... such as
terrorist crimes, mutiny against stake,
kidnapping for ransom (Prisoners may be
eligible for furlough after completion of
stipulated sentence in the respective section
