Petitioner out of her own sweet will and the allegation of
kidnapping is completely false.
On the last occasion, the Superintendent, Remand Home,
Gaighat Patna
allegation made in
the complaint that the alleged girl was kidnapped is completely a
false story, whereas the fact is that the girl has been
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
kidnapped' and that kidnapping was for the
purpose of either marriage or for illicit sexual intercourse. It
is the purpose of kidnapping which ... without the consent of her guardian, the offence of kidnapping
is complete. The consent of the person kidnapped or the
intention of the person kidnapping
Section 363 IPC deals with
punishment for kidnapping and the offence of kidnapping
from lawful guardianship is defined under Section 361
IPC, according to which ... such minor without the consent of such
guardian, the offence of kidnapping is complete. Section
366 IPC prescribes punishment for kidnapping a woman
for enticing
whether there was kidnapping, age
of the person kidnapped is a relevant consideration. If the
girl kidnapped is below 18 years of age, then only ... free will but as noted earlier, the
offence of kidnapping becomes complete the moment a
female under 18 years of age is taken
counsel is of no help to her.
7. Section 361 IPC defines kidnapping from lawful
S.C. No.130/10 FIR No. 133/08 State ... without the consent of her guardian, the offence of
kidnapping is complete. The consent of the person
kidnapped or the intention of the person kidnapping
pointed out that
the prosecution has thus completely failed to identify the site
of the offences, both kidnapping and place of murder.
57. We find
kidnapping, as the case may be. Thereafter, a threat to the
Crl.A. Nos.1315, 1383/2011, 1 & 2/2012 Page 24
kidnapped/abducted ... offence of Section 364A is complete. There are three
stages in this Section, one is the kidnapping or abduction, second is
threat of death coupled
were arrested by the Sillod
Police and they also found Kidnapped boy Mehboob Rahman,
aged about 7 years. P.W.9 Mr.Kishor Nawale, Police ... investigation, it was transpired that
accused had kidnapped the boy Mohboob Rehman for ransom.
On completion of investigation, he filed chargesheet in the Court
