Indian Penal Code, 1860, Section 361, 363, 366, 368 -- Kidnapping - Nothing on record to show that there was any kind of inducement or persuasion, promise and offer by appellants at the time when victim left house of her father with appellants - Manner in which she had left house does not tantamount to `taking away' or `enticing away' - Taking into consideration report of..........
Indian Penal Code, 1860, Section 363, 366, 376, 114 -- Kidnapping & rape - Appeal against acquittal - Acquittal upheld - Prosecution failed to prove that age of prosecutrix was 14 years on date of incident and even parents of prosecutrix also failed to give any satisfactory explanation regarding age of prosecutrix - No material on record to show that on date of alleged..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecution failed to prove age of prosecutrix - Medical evidence shows that there is no injury on body of prosecutrix - Prosecutrix found habituated to sexual intercourse - Moreover, prosecutrix herself admitted her love affair with accused and totally denied the fact of rape while she was examined..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent - Proof - Accused alleged to have kidnapped prosecutrix and then committed rape on her - Testimony of prosecutrix shows that she was in contact of accused prior to incident and used to frequently meet and indulge into sexual intercourse with accused - Though prosecutrix was taken to different..........
Indian Penal Code, 1860, Section 361, 363, 366 -- Kidnapping - If the minor leaves her parental home completely uninfluenced by any promise, offer or inducement, then accused cannot be considered to have committed the offence of kidnapping...........
Indian Penal Code, 1860, Section 361, 363, 366 -- Kidnapping - If prosecution fails to prove that immediately prior to minor leaving father's protection, no active part was played by accused, he had at some earlier stage solicited or persuaded minor to do so, then, it would not be legitimate to infer that he is guilty of taking minor out of keeping of lawful guardian - It..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of minor girl - Mere fact that accused could not keep promise to marry her, ipso facto is not a ground to convict u/ss 363, 366 IPC, particularly when all the essential ingredients of the pointed offences are totally missing...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Recovery of victim girl completely doubtful and unreliable - FIR lodged after one month and delay not explained satisfactorily - School certificate not proved to prove age of the victim girl - Medical age never allowed to come on record - As per medical evidence vagina of prosecutrix could allow entry..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Proof - Appellants alleged to have kidnapped prosecutrix on her way to school and raped for 8 days - Delay of 6 days in lodging FIR in spite of fact that father of prosecutrix came to know about incident in evening of same day - Medical report does not show any marks of injury on her body - Radiologist..........
Indian Penal Code, 1860, Section 363, 366 -- Abduction - Proof - Held, if victim, below 18 years, is taken by accused, even if with her consent, offence of taking or enticing victim away from custody of lawful guardianship will be made out - Age of reckoning for purpose of S.363 and S.366 IPC is same - In instance case, age of victim was 17 years, then even if she..........
