prosecution
has not been able to establish the basic ingredients under Section 361 IPC
with regard to kidnapping of a female below ... meaning the same thing for
the purposes of S.361 of the Indian Penal Code. We
would limit ourselves to a case like the present
Cr.PC
wherein he stated that the witnesses were interested witnesses could
not be proved. Ld. APP further argued that offence U/s 361 IPC ... such guardian.
22. It is already renowned and recognized that section 361 IPC
which illustrates the offence of kidnapping is a strict liability
taken away by the
accused. A perusal of provision of Section 361 IPC would
reveal that consent of a minor girl ... lawful guardian is sufficient
to attract the provisions of Section 361 IPC. The object of
enactment of Section 361 IPC
Therefore, Section 363 IPC provides punishment for the offence of kidnapping
where kidnapping has been defined in Section 361 IPC ... attract the
section"
Therefore, "taking" or "enticing" is an essential ingredient of Section 361
IPC. As discussed above
other person.
11. The offence of kidnapping has been defined in section 361 IPC. Section 363 IPC
lays down punishment ... words "takes" and "entices", as
used in Section 361 , I.P.C. are, in our opinion, intended
to be read together
part and that therefore, the ingredients of either the provisions of Section 361 , I.P.C. or the provisions of Section 366 ,
would not constitute "taking" in terms of Section 361 IPC.
It was held in the leading case of S. Varadarajan ... meaning the same thing for the purposes
of Section 361 of the Indian Penal Code. We would limit ourselves
to a case like the present
Haryana ,
(2004) 1 SCC 339, wherein it was observed:
7. Section 361 IPC reads:
"361. Kidnapping from lawful guardianship.--Whoever
takes ... from lawful guardianship.
Explanation.--The words 'lawful guardian' in this section
include any person lawfully entrusted with the care of
custody of such
Court of India further illustrated that
"A perusal of section 361 IPC shows that it is necessary that there ... Kumar Soni @ Bunty S/o Sh. Krishan Kumar is
acquitted of charge u/s 363 IPC.
27. Ordered Accordingly.
Pronounced in open Court
parents. Accused in his statement recorded under section
313 Cr.P.C. has also stated that Ms. X had herself forced him to
take ... offence of kidnapping as defined
under section 361 IPC. PW1 Ms. X has categorically stated that
she had accompanied the accused
