Showing posts with label S.366. Show all posts
Showing posts with label S.366. Show all posts

Friday, April 28, 2023

Sec. 366, IPC (Kidnapping a Woman) : Accused Acquitted on 27 April 2023

Sec. 366, IPC (Kidnapping a Woman) : Accused Acquitted on 27 April 2023


A recent judgment has been passed on 27 April 2023 where accused has been acquitted.

Section 366 of IPC says that  whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine


FactsThe FIR is given by father of the victim.  It is the case of the prosecution that on 13.09.2018 minor daughter of the informant agedabout 17 years left home at about 8.00 a.m. saying that she is going to buy a shampoo sachet. 

She did not return.  Therefore, informant and his son searched her in the area  as well as with relatives. They could not find her.  It was the case of the prosecution that present accused used to talk with the informant.  

Prior to one month, she had left with the accused. However, she had returned.  

Therefore, the informant doubted that applicant kidnapped here daughter by inducing her and it is likely that she will be  seduced for illicit intercourse. Hence, father gave the F.I.R.

Witness : In order to prove the guilt of the accused, the prosecution has examined in all two witnesses.  P.W.1 is the informant (Exh.8) 

and P.W. 2 victim (Exh.9).  

After looking at facts, the accused has been acquitted. 


Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.  

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