CiteTEXT
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5. Consequentially, accused is acquitted of the charges under Section 135 of the Electricity Act and Section 379 of IPC as required under Section 320, Sub- Class (8) of ...Judge, Kalaburagi,(for short the 'trial Court') for the offence punishable under Section 135 of Indian Electricity Act read with Section 379 of IPC. The appellant has raised many ground challenging...
...either description for a term which may extend to seven years, and shall also be liable to fine.
13. Kidnapping is defined under Section 359 of IPC. Section 359 of ...Section 359 of IPC, kidnapping is of two kinds. Sections 360 and 361 of IPC deal with the same.
360. Kidnapping from India.—Whoever conveys any person beyond the...consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
15. Section 137 of the BNS is the provision analogous to Sections 359, 360 and 361...
...the victim in terms of Sections 359 and 361 of the IPC. Section 359 provides that kidnapping is of two kinds:
kidnapping from India and kidnapping from lawful...Sections 363 and 354A(1)(i) of the Indian Penal Code (in short "IPC") and thereby sentenced him to suffer rigorous imprisonment for three years and two years respectively and to pay a fine of Rs.3,000...conviction of the appellant for the aforesaid IPC offences. The appellant will be hereinafter referred to as 'the accused'.
4. Briefly stated, the facts of the case are that...
...either description for a term which may extend to seven years, and shall also be liable for fine. What is kidnapping is defined in Section 359 IPC and the section is extracted here below...petitioners. On completing the investigation, charge sheet is filed against the accused persons for the offences punishable under Section 363, 120-B read with Section 34 IPC.... Section 363 of IPC reads as under: 363. Punishment for kidnapping.- Whoever kidnaps any person from [India] or from lawful guardianship, shall be punished with imprisonment of...
...Section 359 IPC. Section 361 IPC further defines “kidnapping from lawful guardianship.” A combined reading of Sections 359 and 361 IPC clearly reveals that the ....As far as the cognizance for the offence under Section 363 IPC is concerned, Section 363 prescribes punishment for kidnapping. The term “kidnapping” has been defined in...Section 363 IPC and Section 3 of SC/ST Act. The petitioner is also aggrieved by the order dated 25.11.2005 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases) Jhalawar, whereby...
..."kidnapping" is defined under Section 359 IPC, which recognizes two categories: (i) kidnapping from India and (ii) kidnapping from lawful guardianship. Section 365 IPC is as under...
allegation, the FIR came to be registered for various offences, including the one under Section 365 of the Indian Penal Code. It is pertinent to note that...parental intervention and does not fall within the purview of "kidnapping or abduction with intent to secretly and wrongfully confine" as contemplated under Section 365 IPC...
...IPC.
3. An application under Section 359 r/w 528 of BNSS Act is filed signed by the learned counsel for both the parties as well as the petitioner and the General Power..., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15944/2021 IN CRIME NO.183/2018 BY MICO LAYOUT P.S., U/S 420 OF IPC
PENDING....
2. Crime No.183/2018 was registered at Mico Layout Police Station against the petitioner for offence under Section 406 and 420 of IPC on a complaint lodged by Suja Mary Jose...
...convicted for offence under Section 363 of the IPC, which is punishable for kidnapping. Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the ....”
10. The object of Section 359 of the IPC is at least as much to protect children of tender age from being abducted or seduced for improper purposes, as for the the protection of the rights o...kinds : kidnapping from India and kidnapping from lawful guardianship. Section 361 of the IPC defines kidnapping from lawful guardianship which states as under:—
“361...
.... Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship. ...."
10. The object of Section 359 of the IPC is at least as much to protect children of tender age from being abducted or seduced for improper purposes, as for the the protection of the rights...appellant for offence under Section 363 of the IPC ?
9. The appellant has been convicted for offence under Section 363 of the IPC, which is punishable for kidnapping...
...."
13. Section 359 of IPC reads as follows:
"359. Kidnapping.—Kidnapping is of two kinds: kidnapping from 1[India], and kidnapping from lawful gua...
JUDGMENT:
1. The appellant is convicted for the offence under Section 365 of IPC vide judgment in S.C.No.48 of 2005, dated 01.08.2008 passed by the...examined PWs.1 to 9 and marking Exs.P1 to P4 concluded that the appellant was guilty for the offence under Section 365 of IPC and acquitted
3...
...been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship. Section 361 of t...of such guardian, is said to kidnap such minor or person from lawful guardianship."
10. The object of Section 359 of the IPC is at least as much to protect children of...offence under Section 363 of the IPC ?
9. The appellant has been convicted for offence under Section 363 of the IPC, which is punishable for kidnapping. Kidnapping has...
...facts and circumstances of the case on hand, we find that Section 363 of IPC which is punishment for Kidnapping [to be noted, Kidnapping is offence vide Section 359 of IPC] is very important, as this...Crime No.49 of 2023 on the file of Vadalur Police Station for alleged offences under Sections 363 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity...20.03.2023 and lodged at Women Sub Jail, Cuddalore in connection with in Vadalur P.S. Cr.No.49/2023 u/s 363 IPC, r/w Sec.81 of Juvenile Justice Act 2015. I am aware that she has...
...offence “kidnapping” has been defined in Section 359 of IPC as follows:Section: 359 “Kidnapping is of two kinds; Kidnapping from India, and kidnapping from lawful guardianship....”On careful reading of the F.I.R, it can be said without hesitation that Naiyer was not kidnapped initially within the meaning of the Section 359 of IPC. But, what happened after alleged negotiation...out under Sections 365/387/344/120B IPC, even if the allegation made in the F.I.R/charge-sheet are taken at their face value and accepted in their entirety;2) For better appreciation...
...IPC as follows:—Section: 359 “Kidnapping is of two kinds; Kidnapping from India, and kidnapping from lawful guardianship.”23. On careful reading of the F.I.R, it can be...said without hesitation that Naiyer was not kidnapped initially within the meaning of the Section 359 of IPC. But, what happened after alleged negotiation, is a question of fact unknown to this Court...that if the story of the F.I.R is believed, then no case of kidnapping or abduction case be said to have been made out.22. The offence “kidnapping” has been defined in Section 359 of...
...punishable for kidnapping. Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is of two kinds: kidnapping from India and kidnapping from lawf...unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship."
18. The object of Section 359 of the IPC is...XVI of IPC contains offences against the human body. Section 366, which is the pertinent provision, is contained within this Chapter. Kidnapping/abduction simpliciter is defined under Section 359 and...
...offence under Section 363 of IPC, which is punishable for kidnapping. Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is...."
15. The object of Section 359 of the IPC is at least as much to protect children of tender age from being abducted or seduced for improper purposes, as for the the protection of the ...from India and kidnapping from lawful guardianship. Section 361 of the IPC defines kidnapping from lawful guardianship which states as under:-
"361. Kidnapping...
.... Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship. ...."
9. The object of Section 359 of the IPC is at least as much to protect children of tender age from being abducted or seduced for improper purposes, as for the the protection of the...appellant for offence under Section 363 of the IPC ?
8. The appellant has been convicted for offence under Section 363 of the IPC, which is punishable for kidnapping...
...under Section 363 of the IPC, which is punishable for kidnapping. Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is of ...kidnap such minor or person from lawful guardianship."
8. The object of Section 359 of the IPC is at least as much to protect children of tender age from being abducted or...India and kidnapping from lawful guardianship. Section 361 of the IPC defines kidnapping from lawful guardianship which states as under:-
"361. Kidnapping from...
...for the appellant submits that at no point of time the prosecutrix was taken away from the lawful guardianship and therefore as per the definition of kidnapping given under Section 359, IPC and as per...the definition of kidnapping from lawful guardianship given under Section 361, IPC, the accused/appellant, cannot be convicted under Section 363, IPC. He submits that once the age of the prosecutrix...punishable under Sections 363 and 376, IPC and sentencing him to undergo rigorous imprisonment for two years u/s. 363 and rigorous imprisonment for five years and fine of Rs. 500 plus default...
...Section 363 of the IPC, which is punishable for kidnapping. Kidnapping has been defined under Section 359 of the IPC. According to Section 359 of the IPC, kidnapping is of two ki...guardianship."
19. The object of Section 359 of the IPC is at least as much to protect children of tender age from being abducted or seduced for improper purposes, as...India and kidnapping from lawful guardianship. Section 361 of the IPC defines kidnapping from lawful guardianship which states as under:-
11...