Court : Madhya Pradesh
..... on record in special case no. 1/2006, learned special judge acquitted the aforesaid accused persons under section 399/402 of ipc and 11/13 of m.p. dacoitee and kidnapping affected area act, but learned trial court has found guilty to aforesaid accused persons under section 25(1b)(a) of the act. he further alleged that at the time of ..... .s. dhabora, district rewa and after investigation they have been prosecuted under section 399/402 of ipc and 11/13 of m.p. dacoitee and kidnapping affected area act. it is alleged that a 12 bore double barrel gun and two riffles of 315 bore alongwith country made pistol and motor-cycles have been seized from ..... double barrel gun and riffle of 315 bore passed in judgment dated 16.10.2006 in special case no. 1/2006 by special judge appointed under m.p. dacoitee and kidnapping affected area act. 2. facts in short giving rise this appeal are that four persons anmol dwivedi, ram karan yadav, subran @ sobran and manoj yadav have been arrested by p .....Tag this Judgment!
Court : Gujarat
Reported in : (1997)1GLR198
..... to bring his son home. he had to do all household work. recently, he had incidences of crimes committed _______________________________________________________________________________________________________ sr. state/ut rape kidnapping dowry torture & abduction deaths (cruelty by husband and his relatives) _______________________________________________________________________________________________________ 1 2 3 4 5 6 _______________________________________________________________________________________________________ states: 1. andhra pradesh 854 571 ..... visit out posteriors shattering their family and social life!! this is going to result in torampant increasing criminal activities of murder, eves-teasing, molesting, kidnapping, abducting, black-mailing young girls making them agree to marry, dacoity, rapes, so much so that if the anti-social onslaught is not ..... the meaning of constitutional protection to minors, girls and women, where no care is taken to prevent and destroy the sources motivating eves-teasing, kidnapping and abduction of girls, blackmailing them, rapes, murders and assaults on women and making younger generation turn more and more towards to be criminal ..... we look, at the increasing number of offences in our society against the women like eve'snteasing, indecent gestures made to girls, molesting girls, kidnapping, abducting and black-mailing and compelling girls to marry even against their wishes, cases of rape and gang rapes, adultery, murder, dacoity and .....Tag this Judgment!
Court : Mumbai
Reported in : (2008)110BOMLR3105; 2009CriLJ89
..... to the victim, but before it is communicated to a third person, the accused may be arrested. that again would not detract from the circumstance that when act of kidnapping or abduction was carried out with the object and purpose of demanding ransom. a statutory provision like section 364a must undoubtedly, like penal legislation, be construed strictly. but while ..... unlawful act, the court would not be justified in abridging the parameters of the statutory provision with reference to requirements which have not been imposed by parliament. situations involving kidnapping or abduction for ransom are fluid. demands which are raised by abductors may in the very nature of things evolve as the situation progresses. the law does not prescribe ..... international terrorism. for the purpose of implementing the convention, it has been proposed to amend section 364a of the indian penal code which provides punishment for the offence of kidnapping for ransom, etc. it has been proposed to widen the scope of the said section by including therein situations where the offence is committed with a view to compelling ..... and reasons accompanying the introduction of the bill in parliament expressly takes note of the recommendations made by the law commission. the statement of objects and reasons was thus:kidnappings by terrorists for ransom, for creating panic amongst the people and for securing release of arrested associates and cadres have assumed serious dimensions. the existing provisions of law have .....Tag this Judgment!
Court : Kolkata
Reported in : (1900)ILR27Cal1041
..... 37. the question referred to the full bench is 'whether nemai chattoraj can be properly convicted under section 363 of the indian penal code of kidnapping one johura, a minor, from the lawful guardianship of her husband gopal singh.' 38. the facts, as found by the deputy magistrate of ..... to calcutta for the purpose of making her there lead the life of a prostitute, 'can be convicted under section 363, penal code, of kidnapping from lawful guardianship, or whether, that offence being completed when she left the house and guardianship of her husband, he cannot under any circumstances ..... her lawful guardian, were such as would be sufficient to show that he instigated the said enticement, and thereby committed the offence of abetment of kidnapping under section 363. that was the question upon which rampini, j., and i disagreed, and which was eventually settled by the judgment of trevelyan ..... been put before the full bench is, whether in this case the petitioner 'can properly be convicted under, section 363 of the penal code, of kidnapping from lawful.guardianship, or whether, that offence being completed when she left the house and guardianship of her husband, he cannot under any circumstances be ..... by the learned judges who referred this case is 'whether the petitioner can be properly convicted under section 363 of the penal code of kidnapping from lawful guardianship, or whether, that offence being completed when she left the house and guardianship of her husband, he cannot under any .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1933Bom417; (1933)35BOMLR886
..... of the legislature, that the ages of fourteen and sixteen, as the case may be, were fixed upon deliberately in the definition of kidnapping a minor from lawful guardianship in section 361 and other factors were considered besides that of legal minority. throughout the code there is an ..... that the ages of fourteen and sixteen are specified in section 361 seems to indicate that the legislature did not intend that the offences of kidnapping from lawful guardianship should depend upon the age of majority under the personal law of the hindus and mahomedans, and the legislature seem to ..... necessary, that the offence is both created and punished by section 363. the answer to the argument is that if the legislature intended to make kidnapping a minor from lawful guardianship, irrespective of his age, an offence, then section 361 is clearly redundant. secondly, that part of section 361 ..... natural sense and are capable of being construed in that way. that being so, no separate definition was considered necessary and the offence of kidnapping from lawful guardianship was created by section 363 itself. the learned advocate also relies upon the connected sections in the same chapter which follow ..... person of unsound mind from lawful guardianship. section 362 deals with abduction and is not lelevant. section 363 is in the following terms:-whoever kidnaps any person from british india or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extand to .....Tag this Judgment!
Court : Guwahati
..... as severe punishment as the other 3 accused persons and there is no reason why the sentences on them should be less either for the kidnapping or for the rape. the government advocate was perfectly justified in having filed the application for enhancement of the sentence's against them. notices ..... singh and khoidum singh. in all the confessional statements, they have incriminated themselves and they have incriminated the other appellants both of the charge of kidnapping and of the charge of raping. we have the evidence of the magistrate p. w. 18 regarding the manner in which those confessions were recorded ..... manner in which the identification parades were held. it was argued that p. w, 19 did not give any description of the persons who kidnapped and subsequently raped her either to the i. o. or to the magistrate who conducted the identification parades, that the delay in holding the ..... picture of the harrowing experience which he underwent. one thing is certain and that is that the persons who were responsible for this premeditated kidnapping and rape could hardly be called human beings with normal human sentiments and emotions, but persons of the bestial type who probably because they ..... singh, approver and sashikumar singh and mangi singh and committed rape on her.i have already dealt with their confessional statements in dealing with the kidnapping and though the said confessions were retracted at the time of the trial, it is clear that the reason for the retraction, namely, police .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2010(1)SC568; 2010(1)SCALE633; (2010)3SCC56
..... it has been submitted that the circumstances essential for conviction on the basis of circumstantial evidence were complete inasmuch that there was evidence to show that the deceased had been kidnapped for ransom from outside the school and while he was being whisked away, had been seen by several trustworthy witnesses, that the purchase of chloroform and fortwin injections had ..... . we are, therefore, of the opinion that the second set of incriminating circumstances is the medical evidence and the conspiracy hatched between the three appellants including sonia leading to the kidnapping and murder.11. mr. sharan, being alive to the fact that in a matter resting on circumstances, the evidence of recovery becomes extremely relevant, has dwelt on this aspect ..... of the deceased, ravi verma (pw27), that accused vikram singh @ vicky was known to his family and thus, under that acquaintance, accused vikram singh @ vicky and jasvir singh committed kidnapping of the boy while betraying his trust in them;3) that all three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods and injecting ..... pointed out that section 364a had been introduced in the penal code by virtue of amendment act 42 of 1993 and the purpose for its introduction was given as under:kidnappings by terrorists for ransom, for creating panic amongst the people and for securing release of arrested associates and cadres have assumed serious dimensions. the existing provisions of law have .....Tag this Judgment!
Court : Orissa
Reported in : 23(1957)CLT81; 1957CriLJ674
..... acharya also tried to contend that there is evidence in the case that p.w. 2 was a minor and therefore they might be held guilty for kidnapping. he read over to me the evidence of the medical officer, but as i have already stated, the learned assistant sessions judge, after a careful discussion ..... not apply to the facts of the present case, the charges against the petitioners being only for being members of an unlawful assembly with the common object of kidnapping a minor girl punishable under sections 147 and 366, i. p. c., the petitioners were prejudiced in the trial as they were convicted for abduction and ..... on.10. anyway there is no doubt in my mind that the accused persons cannot be convicted for abduction when the charges against them are for kidnapping. mr. acharya, the learned counsel who appeared on behalf of the state contended that the defect in a charge does not vitiate the trial and ..... also confirmed the conviction under section 366, 1. p. c. in my opinion, both the learned judges were misled by the fact that both these offences 'kidnapping' and 'abduction' for the said purpose of compeling a person to marry against her will were made punishable under the same section 366, i. p. c. ..... and the common object alleged failed, and that the conviction under section 366, i. p. c., for abduction is based upon a charge for kidnapping and the accused were not charged for having committed the offence of abduction for which they were convicted.8. it is clear from the second charge .....Tag this Judgment!
Court : Mumbai
Reported in : 2002BomCR(Cri)300; 2001CriLJ3417
..... seduced to illicit intercourse. of course, absconding accused alankar used the pretext of modeling and took her from nagpur to jabalpur. the offence of kidnapping under section 366 of i.p.c. was completed with the co-accused alankar who took the prosecutrix from the lawful guardianship with the ..... gather from the circumstances whether the transaction constituted by those various acts should be treated or not as one transaction.20. the prosecutrix was kidnapped by alankar, who is absconding from nagpur, in order that she may be forced or seduced to illicit intercourse, or knowing it to ..... after placing reliance on the judgment of the apex court in purushottamdas v. state of west bengal (supra), it was held that the act of kidnapping and rape would fall within the expression 'same transaction' has found in sections 235 and 239 of cr.p.c. (old). accordingly, the reference ..... jurisdiction to entertain complaint.10. learned senior counsel for the applicants next placed reliance on state v, tavara naika (supra). in this case, kidnapping falling under section 366 of ipc fell within the jurisdiction of bangalore division, but the offence of rape under section 376 of ipc was committed ..... has urged that the offences, with which the applicants are charged, have been committed in the course of same transaction which started with the kidnapping of the prosecutrix at nagpur and the prosecutrix was repeatedly raped by different persons including the applicants and those who have been charge-sheeted as .....Tag this Judgment!
Court : Delhi
Reported in : 149(2008)DLT306; 2008(101)DRJ106
..... or hurt. the learned trial court in the impugned judgment while finding that the appellants from their conduct gave rise to reasonable apprehension that the kidnapped child would be put to death or hurt, did not spell out their particular conduct which could have given rise to the reasonable apprehension as ..... had immediately named appellant rafiq in the presence of police officials and his father as the one who had kidnapped him, stand proved from the testimony of other witnesses including father of the child. nature of statement made by the child before the court ..... clearly identify his kidnappers without mistake. leaving apart child's statement related to period of his being held in captivity the fact that he was kidnapped on the evening of 14th september, 2001 and went missing thereafter until his recovery from the garden on 20th september, 2001 and that he ..... , which he did before the court in the course of making of his statement. the identity of both the appellants and their involvement in kidnapping of the child thus stand clearly proved beyond doubt. no doubt the testimony of child witness needs to be evaluated carefully before accepting the same ..... september, 2001 at an appointed place in gajrola, u.p. at a given time with ransom money for payment thereof in return of release of the kidnapped child. mohd. ikrar, accompanied by a raiding party, comprising police officials, acted accordingly. nobody, however turned up from the side of kidnapper/s. .....Tag this Judgment!