hold that
the appellants are guilty of the offence of
kidnapping. Complete evidence not being
available, everybody would be handicapped
while considering whether the offence
nothing incriminating can be
gathered, where she completely denied the allegation of sexual
assault/kidnapping against the petitioner rather stated that ... fact that victim
negated the allegation of sexual assault and kidnapping
completely rather solemnized her marriage out of her own sweet
will, coupled with
within the limits of
which PW5 was said to have been kidnapped.
After completion of investigation the police filed
charge sheet for the above offences
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
POCSO Act.
As per FIR, there is an allegation of kidnapping the
minor daughter of the informant, namely, Anjali Kumari by
Patna High Court ... implicated in
this case. He further submits that the allegation of
kidnapping is completely false. He refers to the statement of
the alleged victim
Code of Criminal
Procedure, 1973, to contend that allegation of kidnapping
stands completely falsified inasmuch as the victim herself
has said that
instigated accused No.1 to kidnap P.W-2 in
order to marry her, consequently she was kidnapped
by accused ... instigated him, because of their conspiracy
the offence of kidnapping was complete by accused
No.1 on 27/09/09. The first and foremost point
without the consent of such guardian, the offence of
kidnapping becomes complete. So age of the kidnapped
girl and absence of the consent ... tuition and at
that time she was kidnapped. Even though, at the relevant
time when she was kidnapped, she was not accompanied
by her guardian
return back.
Complainant did not express any suspicion on any person for
kidnapping. On 09.12.2013, complainant informed the police that
his daughter Sarita and Anjani ... Both the girls are therefore, minors.
Kidnapping is defined in Section 361 IPC. The offence of
kidnapping is complete the moment minor child under
circumstantial
evidence against accused No. I taken cumulatively forms a
chain so complete that there is no escape from the
conclusion that the crime ... they
cumulatively prove the complicity of accused No.1 in the
kidnapping and murder of the deceased. The High Court found
that the evidence
