CASES RELATED WITH KIDNAPPING FROM LAWFUL GUARDIANSHIP:
1. sajjan Kapar vs. State of Bihar:((2005)9scc 426
Relief sought by the appellant (victim) for the proper endorsement of justice conviction of the defendant for committing kidnapping within the meaning of section361 IPC read with section 363, section 368 of IPC for proper endorsement of justice. The case of the prosecution in brief is that the appellant went to the school of PW 6 as his parents Priyaddarshani Kumari on 26-3-1998. She was the student of 8th
standard. The appellant knew PW 6 as his parents were working for the parents of PW 6. The appellant represented to the teacher PW 6 to get her from the school since her grandfather was seriously ill. The appellant was about 19 years old at that time. On such representation being made, PW 8 permitted to PW 6 to accompany the appellant
PW 6 gave her books to a co-student PW 3 for being delivered at her house. She was taken by him to a bus- stand stating that her grandfather had been taken from Samatipur
to a hospital in Rosera. From Rosera she was taken on another bus for going to Siliguri and ultimately to Dhurbri in Assam where the brother of the appellant resided along with his family. PW 6 was recovered on 1-4-1998 from the house of the brother appellant. The
appellant was found in guilty for the offences above- indicated and sentenced by the trial court, which was reduced by the High Court, in the manner stated above.
The major points to be to be noted in the facts mentioned in the case are as fallows:
1. As evident from the facts accused was induced for any s*xual inter course section 366-A is not established.
2. No proof of s*xual intercourse of the minor for such act by the appellant.
3. The case presented by the learned counsel for prosecutrix is found to be immaterial in the present case as the facts are completely different from the facts of the present case.
Now, putting attention to the sentences of the judges in the case, it is found to be appropriate; in the sense that; section 361; when accompanied with the presented evidences has been correctly analyzed and the convict is reduced as the evidences do not
support the conviction as given by the High Courts and the lower court. The fact clearly established the committing of kidnapping by the appellant using forged details. The correction awarded is found to be satisfactory.
2. moniram hazarika vs state of assam 2004 cri.l.j.2553
Relief sought by the appellant (victim) for the proper endorsement of justice conviction of the defendant according to section 361 of IPC for the commission of kidnapping with the involvement of incitement method carry out the intentional purpose.
Brief facts necessary for the disposal of this appeal are as fallow:
On 30-3-1990 at about 8:30 p.m., P.W.1 Paresh Sailkia lodged a complaint in Bebrapara police out-post alleging that his younger sister Bibi saikia who was a minor had been kidnapped by the appellant herein who was also a resident of the same village. On the basis of said complaint a case were registered and investigation was initiated. In the course of the investigation, the I.O. recorded the statement of as many as six witnesses and on completion of the investigation a charged under section 366, IPC was filed before the trial court. In the complaint filed by P.W.1 as his evidence before the
court P.W.1 stated that his sister (P.W.2) was the student of viiith standard at the time and was a minor and at about 6:30 p.m. on 30-3-1990 he came to know from his brother that
his sister was missing and he was also informed that she was seen in the company of the appellant of having kidnapped his sister, he went to the house of appellant where he was not allowed to enter the house by the appellant and his brother. However, he noticed there
that arrangements were made for performing the marriage ceremony.
As is clear from the sec.361 of IPC, 1860 it is clear that unlawfully taking away or taking away by incitement a minor from the lawfully custody of his or her parent or
guardian without parent’s or guardian consent; amounts to kidnapping within the meaning of 361 IPC as and when read with 366of IPC. The aforesaid statement of the court s appropriate as the facts of the cases; when accompanied with; the evidence, clearly show
that contentions of the court are in accordance with the esteemed regulation of law. The dismissal of the appeal is the most appropriate judgement.
3. PRAKASH Vs. STATE OF HARYANA 2004 CRI.L.J 595
Relief sought by the appellant (victim) for the proper endorsement of justice conviction of the defendant for committing kidnapping within the meaning of section 361IPC read with section 363, section 368 of IPC for proper endorsement of justice.
As per the facts presented before the court by the prosecution counsel it is clear that the plaintiff was called and taken away by the lawful possession of the child’s parents. The defendant took her to some other house which was nearby the house of the victim and raped with her brutally and in an inhumane way. The girl child was found to
be of only of 5 yrs. of age at the time of the commission of the crime by the defendant.
The plaintiff contented that the defendant should be given punishment for the offences of rape and kidnapping read together. On the other hand the defendant contented that due to
serious conflict between the defendants and the prosecution from the couple of years, the plaintiff’s family are presenting a false case before the court for their defamation by stating such a false case.
The court has clearly interpreted the provision of the kidnapping for the purpose of imparting justice to the plaintiff because for the motion of the section on kidnapping in the Indian penal code the basic thing which is required to be proved is that the defendant has taken the plaintiff out of the lawful possession of the guardian without
his/her consent. The distinction between the terms of the provision has been clearly understood by the court in the present case.
4. PALIPIREDDI SATYANARAYANA@ SATHU BABU, PETITIONER Vs. STATE OF ANDHRAPRADESH 2002 CRI.L.J.2319
The contention was made for the conviction of the accused by the impingement of the section 361 of Indian penal code for the purpose for protecting the rights of the
plaintiff and for the adequate and the appropriate administration of justice. It was contented by the prosecution that both the appellant and the defendant were residents of the same place and the defendant was working in the front of the hotel
which belonged to the appellant. It was also said by the prosecution that the one night the girl was sleeping in the residence. The defendant took the plaintiff from the lawful guardianship of the girl forcibly to some other place and he was doing continuous s*xual
intercourse with the aforesaid plaintiff daily without her consent.
Based on the facts as were narrated by the prosecution counsel a case was lodged against the defendants under sec. 363. based on the verdict of the plaintiff herself it was found that the plaintiff had agreed to have s*xual intercourse with her with her will. It
was also found that the plaintiff and the defendant had some relationships with each other
previously due to which the plaintiff agreed to have s*xualintercourse with the defendant. It was noted by the hon. Court that the defendant had promised the plaintiff to marry her instead of the fact that he was married earlier. The court said that it is
immaterial for the court weather they had s*xual intercourse with the consent of each other or not but the fact that the defendant took the girl out of the possession of the lawful guardian is sufficient for the establishment of the guilt of the accused within the meaning
of sec.361 of the Indian penal code. As is evident from the facts and the evidences shown for the conviction of the defendant, it is crystal clear that the court had made no mistake in the interpretation of the
correct import of the mentioned section of the Indian penal code. The commission of the crime is said to be completed by the time when the necessities of the section or the penal
law is completed. It has been clearly shown that the mere completion of the acts of the defendants which are essential for conviction under the asked section of the Indian penal
code which makes the guilt completed by the fact that the essentials of the section have been satisfied to the greatest extent possible.
It could be very easily concluded that the decision of the court in this matter is correct to the discovery of the facts and the impugned evidences before the court for the
interpretation and the import of the case to justified to the greatest extent.
5. KULDEEP K.MAHATO, APPELLENT Vs. STATE OF BIHAR (1998) 6 SCC 4200
Relief sought by the appellant (victim) for the proper endorsement of justice
conviction of the defendant for committing rape and kidnapping with the victim undersection 361and 366.
It is the case of the prosecution that on 11-2-1993 at about 1.00 p.m., Kirani
Kumari, (PW 3), the prosecutrix was going to a bazaar for purchasing bangles. Kuldeep
Kumari Mahato on seeing her, asked her as to where she was going. In the meantime, a
tempo came from the opposite direction which was stopped by Kuldeep K. Mahato, the
appellant and he forcibly made the prosecutrix sit in the said tempo. After sitting in the
tempo, Kuldeep K. Mahato showed a knife to the prosecutrix and threatened her to keep
quit. It is the alleged that they got down at Ramgrah and stayed there till 12-2-1993. It is
then alleged by the prosecution that during in the night of 12-2-1993, Kuldip K. Mahato
committed rape on her against on her will. On 13-2-1993, the brother of Kuldip K.
Mahato came to said village and brought them back Maraikud. The appellant as well as
the prosecutrix are resident of the same village anf in fact, the house of the appellant is
quite close to the same village and in fact, the house of the appellant is quite close to the
house of the prosecutrix. Both were known to each other well.
The major points to be to be noted in the facts mentioned in the case are as follows:
1. The age of the victim is found to be controversial.
2. The s*xual intercourse was not proved; as accompanied with the medical report;
As the rape was not committed against the victim’s will.
3. The medical report clearly negates the case of forcible intercourse with the prosecutrix by the appellant as there were no injuries on body nor her private parts The judgment of the honorable court is not found to be appropriate in the sense that the kidnapping includes forced or incited moving of minor out of the lawful
guardianship, but in the mentioned facts of the case, there is no dear evidence that the unlawful taking had occurred at the spot. As for as, the evidence is not shown in the appropriate manner, the judgment could not be held to be appropriate in the sense that the
awarding of punishment should only be done after presenting due proofs to the court regarding the matter.
