kidnapping/abduction

Question 1

S Vardrajan v state of madras

Answer 1

1. deals w “taking and enticing” wrt to kidnapping and abduction
2. Facts: a minor girl who was almost a major voluntarily left her father’s house and went to the sub-registrar’s office to register an agreement to marry
3. Held: – there was no evidence to show the accused had “taken” the minor out of her father’s guardianship and neither had he enticed or persuaded her to do the same, he was acquitted

Question 2

Thakorlal D Vadgama v state of Gujarat

Answer 2

1. A “takes” does not necessarily mean by force but can also mean - cause to go, get into possession, to escort
2. B. If guilty party had laid a foundation by inducement, allurement, or threat etc, and if this gain can be considered to have influenced the minor, then difficult to prove innocence that minor had joined him voluntarily.
3. • Facts: A rich man (hereinafter referred to as the accused) became with the family of a poor man whom he promised to financially support. He became friendly with a minor daughter of the poor man by gifting her a lot of things. When the mother came to know of this she protested. Out of immature emotions, the minor sent letters to the accused exaggerating incidents of rebuke and beating by her mother, the accused induced her to leave her house and come to his house.

Question 3

Gurcharan v State of Haryana

Answer 3

1. X induced Y (16 yr old girl) to go to a place and then form there took her to the fields and raped her
2. held- abduction not kidnapping as she was taken from elsewhere and not the guardian’s custody

Question 4

list out cases wrt kidnapping/abduction

Answer 4

1. S Varadrajan v State of Madras
2. Thakorlal D Vadgama v State of MH
3. Gurcharan Singh v State of Haryana