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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
PRADEEP MITTAL
Ravi Das Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. appeal against kidnapping conviction of minor's companion (Para 1 , 2 , 3) |
| 2. trial court convicted under s.363 due to minority (Para 4 , 8 , 9) |
| 3. prosecutrix left voluntarily without force or enticement (Para 5 , 6 , 7) |
| 4. no active taking or enticing by accused (Para 10 , 11) |
| 5. minor accompaniment constitutes taking from guardian (Para 12) |
| 6. statutory elements of s.361 ipc kidnapping (Para 13 , 14) |
| 7. taking requires accused's active positive conduct (Para 15 , 16) |
| 8. minor initiated; no taking proved (Para 17 , 18) |
| 9. trial court conflated consent irrelevance with taking (Para 19) |
| 10. no sexual assault alleged against appellant (Para 21) |
| 11. conviction quashed; appellant acquitted forthwith (Para 22 , 23 , 24 , 25) |
ORDER
This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred against the judgment and order dated 20.08.2013 passed by the 2nd Additional District Judge, Maihar, District Satna in Sessions Trial No. 134/2013, whereby the appellant was convicted for the offence punishable under Section 363 of the Indian Penal Code, 1860 and sentenced to undergo three years' Rigorous Imprisonment with a fine of Rs. 1,000/- with def
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....
(1) A minor girl’s infatuation with her alleged kidnapper cannot by itself be allowed as a defence, for same would amount to surreptitiously undermining protective essence of offence of kidnapping.(2....
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....
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.
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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