HCHP
3
Magistrate, wherein she completely denied the factum of her
being kidnapped by the bail petitioner. She stated before the
.
Magistrate that
immaterial. He submits that the
offence of kidnapping as provided under Indian Penal Code is
complete when a minor is taken away from the custody
have emerged as if they too had seen
the occurrence of kidnapping of the victim boy. He submits
that though P.W. 8 (informant ... case
in which minor son of informant was kidnapped on
04.11.2009 it appears completely un-natural that even after
four days he did not take
support the case of the prosecution, and
turned 'hostile', completely eroding the substratum of the case made
by them against the respondent ... victim himself,
i.e. Complainant PW5 completely demolishes the case of the
Prosecution that victim was kidnapped by the Accused.
3.) The deposition
that kidnapping is an offence irrespective of any intent, with which it is committed. The offence of kidnapping from lawful guardianship is complete, when
that his son was kidnapped
by the respondent nos.2 to 11 as his son was made accused in
kidnapping case of daughter of respondent ... recovered and after completion of
investigation, I.O. submit chargesheet against respondent nos.2
to 11 for the offences of kidnapping and murder of appellant
statement in the court the victim completely
negated her story that she was kidnapped by the accused
persons.
xxx xxx xxx
61. .....in the statement ... gave a completely
different picture of the alleged incident of kidnapping. In the
above statement she claimed that somebody closed her mouth
based on circumstantial evidence, but the chain of circumstances is not complete and even motive has also not been proved.
14. Per-contra ... circumstances is complete and when these circumstances are taken together, the only conclusion is that the accused appellant has kidnapped deceased with intention to molest
Section 364A is the
abduction or kidnapping, as the case may be.
Thereafter, a threat to the kidnapped/abducted that
if the demand for ransom ... 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
common intention to grab the property of the
complainant. Therefore, they kidnapped the victim
girl seduced and committed sexual assault on her.
All these facts ... Auto Rickshaw and car used for
kidnapping were seized during the course of
8
investigation. After completing the investigation,
the Investigating Officer filed charge sheet
