Court : Mumbai
Reported in : 1997(1)BomCR52; 1997BomCR(Cri)95
..... the petitioner and his associates have been moving openly in the areas with arms like choppers, revolvers, swords, knives etc. they are indulging in committing offences like extortion, assault, abduction, robbery, criminal intimidation, molestation of women etc. in particular, the grounds of detention show certain specified acts against the detenu.it is alleged that on 16th january, 1995, the petitioner and his ..... question because of his prejudicial and terrorist activities as detailed in the grounds of detention. it is alleged in the grounds of detention that the petitioner and his henchmen are criminals indulging in terrorist activities and have become potential danger to the safety of peace loving and law abiding citizens of the areas and localities of prabhat colony, seva nagar, chakki .....Tag this Judgment!
Court : US Supreme Court
..... internationallaw,27 and in my opinion, also constitutes a breach of our treaty obligations. thus, at the outset of its opinion, the court states the issue as "whether a criminal defendant, abducted to the united states from a nation with which it has an extradition treaty, thereby acquires a defense to the jurisdiction of this country's courts." ante, at 657. that ..... m. kristovich filed a brief for americas watch as amicus curiae. 657 chief justice rehnquist delivered the opinion of the court. the issue in this case is whether a criminal defendant, abducted to the united states from a nation with which it has an extradition treaty, thereby acquires a defense to the jurisdiction of this country's courts. we hold that he ..... mexico, and therefore the rule of ker v. illinois is fully applicable to this case. the fact of respondent's forcible abduction does not therefore prohibit his trial in a court in the united states for violations of the criminal laws of the united states. the judgment of the court of appeals is therefore reversed, and the case is remanded for further ..... since the mexican government had protested the treaty violation, jurisdiction was improper. held: the fact of respondent's forcible abduction does not prohibit his trial in a united states court for violations of this country's criminal laws. pp. 659-670. (a) a defendant may not be prosecuted in violation of the terms of an extradition treaty. united states v. rauscher, 119 .....Tag this Judgment!
Court : Jharkhand
Reported in : [2004(2)JCR580(Jhr)]
..... .10. the eye-witnesses i.e. pw 1, pw 2, pw 3, pw 4, pw 5, pw 6 and pw 10 have deposed that these appellants of both the criminal appeals abducted all the three deceased from the house of bhola mahto and ram nath mahto and soon thereafter, sound of firing was heard. when the police came and searched the dead ..... kameshwar mahto, pw 4 sundri kunwar and pw 5 fekni kunwar are scrutinized, although they are interested witnesses, but have seen the appellants of both the criminal appeal in police uniforms, armed with rifles, who abducted ram chandra mahto, bhuneshwar mahto and ram nath manto. as it was saptmi (7th day) of durga puja festival, there was provision of generator at the ..... 2, pw 3, pw 4, pw 5 and pw 6 is considered, i find that there is corroborative evidence that these appellants in both the criminal appeals were armed with rifles in police uniforms and abducted ram chandra mahto and bhuneshwar mahto from the house of bhola mahto where they were playing cards and the same group of extremists went to the ..... of 2003) and harakhan mahto was in the durga mandap where drama was being played. he heard that the extremists came and abducted all the three deceased. he has given certificate that these four appellants in both the criminal appeals are not the extremists. on the other hand, all the three deceased were informer of the police and hence the extremists to .....Tag this Judgment!
Court : Rajasthan
Reported in : 2002CriLJ364; 2002(3)WLN316
..... the accused knew it to be likely that the complainant may be seduced to illicit intercourse as a result of her abduction. 24. it may be stated here that mere abduction without criminal intent of one of the kinds, specified in the ipc is not recognized as an offence. thus, purpose of ..... going, on the way, the accused appellant, seeing lonely place, outraged her modesty and thus, it is not a mere case of abduction, but purpose for which abduction was done by the accused appellant has also been proved. in these circumstances, the findings of the learned trial judge convicting the accused ..... health centre, basni, was about 35 years of age at the time of alleged occurrence, therefore, present case would be a case of abduction, if found proved.26. abduction implies forcible compulsion or inducement by deceitful means.27. the intention of the accused is the basis and the gravemen of an offence under ..... be examined.12. before examining the evidence of the prosecutrix pw1 rampyari, something should be said about the evidence of the prosecutrix in rape and abduction cases and whether corroboration is necessary.evidence of prosecutrix 13. the main evidence in all such cases is that of the victim herself. in ..... abduction must be established.25. it may further be staled here that if the girl was of 18 years or above, she could only be abducted and not kidnapped .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (2010)1GLR466(SC); JT2010(1)SC99; 2010(1)SCALE306; (2010)2SCC200; 2010(1)LC423(SC)
..... s death without even informing this court. that apart, the charge sheet was filed in the court of chief metropolitan magistrate, ahmedabad against 13 persons who were charge sheeted for criminal conspiracy, abduction, wrongful confinement and murder etc. 13 were arrested. one of the 13 accused whose names had been listed is one mr. n.v. chauhan, psi who in the previous ..... stand that no official assistance was rendered by andhra pradesh police to ats gujarat. charge sheet had been filed in the court of chief metropolitan magistrate against 13 accused for criminal conspiracy, abduction, wrongful confinement, murder etc. 13 have been arrested. one of the 13 accused whose names had been listed is one mr. n.v. chauhan, psi who, in the ..... cbi into the alleged encounter of one tulsiram, a close associate of sohrabuddin, who was allegedly used to locate and abduct sohrabuddin and his wife kausarbi, and was thus a material witness against the police personnel. the writ petitioner further seeks a writ of habeas corpus to produce kausarbi, the sister ..... under ms. johri.2. in the present writ petition, the writ petitioner seeks a direction for investigation by the central bureau of investigation (in short the `cbi') into the alleged abduction and fake encounter of the brother of the writ petitioner sohrabuddin by the gujarat police authorities. the writ petitioner also seeks the registration of an offence and investigation by the .....Tag this Judgment!
Court : House of Lords
..... and carefully thought out balance between various considerations, all aimed at serving the interests of children by deterring and where appropriate remedying international child abduction. further elaboration with additional tests and checklists is not required. this appeal 49. my lords, i cannot share the opinion of the majority ..... 1 flr 413, per bracewell j at 416, and also obiter but for different reasons in re m (abduction: acquiescence)  1 flr 315, at 320, per thorpe j and in re l (abduction: pending criminal proceedings)  1 flr 433, at 440, per wilson j. 26. in scotland, the inner ..... it is also the view taken by those academic commentators who have considered the matter. in an early article on the convention, international child abduction by parents (1982) 32 university of toronto law journal 281, at 314, john eekelaar states that if the abductor succeeds in showing that ..... the philosophy of the convention in this regard. it can be defined as follows: the struggle against the great increase in international child abductions must always be inspired by the desire to protect children and should be based upon an interpretation of their true interests. now, the ..... house, in soucie v soucie 1995 sc 134, cited re n and assumed that a discretion would have arisen under article 18 had settlement been found. in ireland, the supreme court, in p v b (no 2) (child abduction .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 2007(3)ShimLC226,2008(3)SLJ494(HP)
..... alone. it has been rightly contended by mr. thakur that section 366 ipc deals with kidnapping, abducting or inducing woman to compel her for marriage etc.19. in the departmental proceedings the charge is not with regard to criminal intimidation, abduction or kidnapping. article of charges reproduced hereinabove would show that the petitioner has been charged for ..... on the offender, the purpose of enquiry proceedings is to deal with the delinquent departmentally and to impose penalty in accordance with the service rules. in a criminal trial, incriminating statement made by the accused in certain circumstances or before certain officers is totally inadmissible in evidence. such strict rules of evidence and procedure ..... maintain discipline in the service and efficiently of public service...offence generally implies infringement of public duty, as distinguished from mere private rights punishable under criminal law. when trial for criminal offence is conducted it should be in accordance with proof of the offence as per the evidence defined under the provisions of the indian evidence ..... having absented/deserted his place of posting without prior permission/information of the competent authority and indulging in criminal activity in association with constable thakur bhagat; the delinquent .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1997(5)ALD368; 1997(2)ALD(Cri)780
..... the first week of december, 1996 at the instance of you, one g. r. manohar also enjoyed the said kavitha sexually. on 14-12-96 in continuation of your criminal attitude, abducted the said kavitha from the picnic spot, kailasagiri hills by a white maruthi car bearing no. ap 31 e 8228 to sagernager and there she was forcibly undressed, molested and ..... -96 morning at about 11.30 hrs., when the victim kavitha got down from the bus at simhachalam petrol bunk, you along with your friend i.e., mutchikarla srinivasarao forcibly abducted her on your scooter bearing no. atv 6968 and drove to the house of p. srinivasarao, physical education teacher situated at krishnagar, vepagunta, where she was confined in the bedroom ..... incidents referred to in the detention order relate to 'public order' or simply affect the law and order, which can be taken care of by exercising the power under ordinary criminal law. the distinction between 'public order' and law and order has been succinctly brought out in a catena of decisions of the apex court. in ram manohar lohia v. state ..... accordingly disposed of. no costs. however, this order will not have effect in his present judicial remand and the same has to be decided according to the merits of the criminal cases. 16. order accordingly.Tag this Judgment!
Court : Mumbai Goa
..... of ipc. 2. the prosecution case as elicited from the complaint dated 20.12.2015, lodged by one bhagirath kharol is that, the accused persons in furtherance of a criminal conspiracy, abducted the complainant's brother-in-law by name ratan kharol on 17.12.2015 and caused his death and destroyed the evidence with an intention to screen themselves from punishment ..... exchange between the deceased and the said person. the deceased informed the said incident to biju gopi. the prosecution case is that the accused out of annoyance and vengeance had abducted the deceased and caused his death. 4. the record shows that in this case, initially, a report of the deceased having gone missing was lodged on 18.12.2015. on .....Tag this Judgment!
Court : Guwahati
Reported in : 1998CriLJ1159
..... the body has since been disposed off by the abovementioned accused persons to cause disappearance of evidence of the crime.i would therefore, request you to register a case for criminal conspiracy, abduction, wrongful confinement, assault, murder and causing of disappearance of evidence and investigate.on the basis of the said complaint, an f.i.r. being golaghat p.s. case no ..... , 1994 to january, 1996. thereafter he was transferred to guwahati as superintendent of policc-cum-fire service adviser, assam. he is now under suspension due to pendency of the aforesaid criminal case.3. the case, in short, is that in 14-10-95 issue of 'asomiya pratidin', an assamese daily, a news was published under the caption "death due to police .....Tag this Judgment!