offence punishable under Section 325 read with Section 34 I.P.C. and that therefore Part II of Section ... accordingly the provisions of Section 360 of this Code shall not apply to that State and the provisions of Section 361 shall apply with
Section 354(3) , there is another provision in the
Code which also uses the significant expression 'special reasons'.
It is Section 361 . Section ... context of
Section 360, the 'special reasons' contemplated by Section 361
must be such as to compel the Court to hold that
from his lawful guardianship. Section
363 IPC merely prescribes a penalty for the two offences
described in Section 360 and 361 IPC. Since Section ... applicable in the present case, it is important to examine
Section 361 IPC.
12. Section 361 IPC provides:
"361. Kidnapping from lawful guardianship.--Whoever
According to Section 359 of the IPC,
kidnapping is of two kinds: kidnapping from India and
kidnapping from lawful guardianship. Section 361 ... having the lawful charge or custody of minors or
insane persons. Section 361 has four ingredients:
(1) Taking or enticing away a minor
which is punishable under Section 363 of I.P.C.
Section 361 of I.P.C. reads as follows:
"361. Kidnapping from lawful
guardianship ... Section 354 , 323 and 506(i) read with
Section 34 of I.P.C., the conviction of the accused for the
offence punishable under Section
from the lawful guardianship, punishment is
provided under Section 363 for the offence under
Section 361 of IPC. Section 361 provides that in
case ... itself attract the
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CRL.A.No.256/2008
provisions of Section 361 of IPC punishable under
Section 363 . Scrutiny of the judgment
reason for not giving the
benefit of Section 360 of Cr.P.C, specially when Section 361 Cr.P.C.
provides that if the court ... appellants certainly deserves the benefit of
Section 360 of Cr.P.C. as provided under Section 361 of Cr.P.C. as
there is nothing
fine. "
25. Section 364A IPC is aggravated form of punishment
for kidnapping which is defined under Section 361 IPC.
As per Section 361 ... offence u/s 364-A IPC. However, let us see, if with
the given evidence, whether the offence of kidnapping
simplicitor under Section 361
given to the accused.
7.1 Section 363 IPC provides punishment of kidnapping. Kidnapping
has been defined under section 361 IPC. As per section 361 ... State Vs. Neeraj & Anr. )
under :
"Sec.361 Kidnapping from lawful guardianship:
Whoever takes or entices any minor under (sixteen)
years
view of
relevant legal position be had.
13. Section 361 IPC is being reproduced for the sake of convenience:
"Whoever takes or entices ... observed as follows:
" The expression used in Section 361 , I.P.C. is
"whoever takes or entices any minor". The word
