against the appellant has not been
of
made out. Section 361 of the Indian Penal
Code, inter alia, provides, whoever takes or
entices any minor ... whether respondent has
committed an offence under Section 363 IPC as defined
.
under Section 361 IPC or not.
32. Section 361
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
kidnapping has to prove
ingredients as envisaged in Section 359 IPC and Section 361 IPC. As per
Section 359 IPC ... India' or 'from lawful guardian'.
Relevant extracts of Section 361 IPC further states that 'kidnapping from
lawful guardian
prosecution
has miserably failed to bring home guilt of accused u/s 363 / 366 IPC
hence, he must be acquitted of charges levelled ... this stage, it would be appropriate to discuss the
provisions of Section 361 IPC :-
Section 361 IPC : "Kidnapping from lawful
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
accused has been charged with for the offence u/s 363 IPC. Section
363 IPC provides for the punishment for kidnapping ... India or from lawful guardianship. This offence has been defined in
Section 361 IPC. Section 361 IPC provides as under
offences punishable u/ss 366 and 376
IPC . Section 361 IPC defines kidnapping and postulates that whoever
takes or entices ... will not tantamount to "taking"
as envisaged u/s 361 IPC. Reliance in this regard can be placed to a
celebrated
this Court considered the meaning and scope of
Section 361 IPC it was said there:
"The object of this section seems ... words "takes" and "entices", as used in Section 361 IPC are in our
opinion, intended to be read together
IPC.
Coming to the offence under Section 366 IPC, it would
be apt to notice the provisions of Section 361 IPC ... appellant actually committed the offence under Section 366
IPC or not . Section 361 IPC reads as under :-
"361. Kidnaping from
both sections 361 and 363 of IPC ;
Section 361 in The Indian Penal Code
Kidnapping from lawful guardianship.--
Whoever takes or entices ... clear to state that the ingredients contemplated in
section 361 of IPC are not forthcoming from the record
and thus the aforementioned point
