Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim being 16 years of age, though a minor, voluntarily left her home - Therefore, rigors to reject bail and reason to continue incarceration are reduced by mitigating factors...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim is a minor under 18 years of age - Neither accused could have taken her from her parents nor consented to sexual intercourse - Victim left her family of her own - Even earlier, victim had stayed out of her home for six days - Victim was bold enough to declare that..........
Indian Penal Code, 1860, Section 366A, 363 -- Kidnapping - On pretext of marriage - Quashing of FIR - Prosecutrix was 17-1/2 years of age at the time of incident - There is no allegation whatsoever against accused - Main allegation was against co-accused but prosecutrix married him and had given birth to two children out of that wedlock - In absence of any allegation..........
Indian Penal Code, 1860, Section 363, 366A, 376, 328, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prior enmity between accused and father of prosecutrix - Prosecutrix is aged about 20 years and got married with another person - FIR lodged after delay of 15 days and no explanation has been given for the same - Prosecutrix..........
Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Enticement - Enticement need not be direct to immediate in time and can also be through subtle actions like winning over affection of a minor girl...........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Mere recovery of a missing minor from custody of a stranger would not ipso facto establish offence of kidnapping - Thus, where prosecution failed to prove that incident of removal was committed by or at the instigation of accused, it would nearly be impossible to bring guilt home...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Consent - Prosecutrix was 16 years 3 months and 6 days old at the time of incident - She is thus minor and her consent is wholly irrelevant for charge of kidnapping...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Accused unintentionally admitted his culpability - Besides, prosecutrix being recovered from custody of accused, he admits to having established sexual intercourse and of having an intention to marry her - Evidence on record shows that accused induced prosecutrix to reach at a designated place to accompany him - Eye..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Reduction of sentence - Love affair between accused and prosecutrix - No force used in act of kidnapping - There was no pre-planning, use of weapon or any vulgar motive - Accused was 19 years old at the time of incident and now both accused and prosecutrix are in their forties and settled down in live with their..........
