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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKRAM D.CHAUHAN
Himanshu Dubey – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application details and victim's account. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding lack of evidence. (Para 7 , 8 , 9) |
| 3. victim's statements contradict prosecution case. (Para 10 , 11 , 12 , 18 , 20) |
| 4. interpretation of section 361 ipc. (Para 16 , 17 , 19) |
| 5. prosecution failed to establish enticement. (Para 22 , 23 , 24) |
| 6. criminal proceedings quashed. (Para 25 , 26) |
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard Sri Bhagwan Dutt Pandey, learned Counsel for Applicant and Sri O.P. Dwivedi, learned A.G.A. for the State-respondent.
2. This application is preferred by applicant for quashing the charge sheet dated 19.1.2021 as well as cognizance order dated 7.7.2023 and the entire proceeding of Case No. 9029 of 2023 ( State Vs. Himanshu Yadav ), arising out of Case Crime No.0382 of 2020, under Section 363 I.P.C., Police Station-Gauri Bazar, District Deoria pending in the court of Chief Judicial Magistrate, Court/Room No.17, Deoria.
3. Learned counsel for Applicant submits that as per version of first information report, the prosecution case is that on 24.12.2020 the Applicant had enticed away niece of first informant, who was aged about 16 years and thereafter, informant l
The essential elements of kidnapping under Section 363 I.P.C. are not established when the minor's departure is voluntary, lacking coercion or inducement from the accused.
A minor's consent is immaterial in cases of kidnapping and abduction when threats or deceit are involved, according to Section 363 and 366 of IPC.
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
Victim's consent negates charges of kidnapping under IPC, emphasizing equity over technicality in legal proceedings.
For kidnapping from lawful guardianship under Section 361 IPC, prosecution must prove accused actively 'took' or 'enticed' minor from guardian's custody; minor's voluntary self-initiated departure wi....
Reliability of witnesses - Prosecution witnesses - Throughout cross-examination truthfulness of prosecution version was challenged to limited extent of veracity of witnesses who had been deposing bef....
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
Kidnapping from lawful guardianship – Consent of victim is immaterial and subsisting family bond cannot be excuse for escape of victim from parental custody at pretext or behest of pleasant and affab....
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