971/2024 Cr.Bail MUHAMMAD IMRAN S/O NAWABUDDIN (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-JUL-24
To invoke the provisions of section 364-A, it is incumbent upon the court to first see whether there was kidnapping within the meaning of section 361 PPC which envisages the co-existence of three elements contained therein namely (i) The minor was taken or enticed away by the kidnapper. (ii) The minor was out of the keeping of the lawful guardian (iii) The keeping of the minor was without the consent of the guardian. Once kidnapping is established, the question under section 364-A would be as to whether the appellant intended to murder the victim or subject her to grievous hurt or lust. 9. The words 'take' and 'entices away' used in section 361 PPC are key words to the offense of kidnapping implying some action on the part of the kidnapper to take or entice away the kidnapee followed by keeping the kidnapee out of the lawful guardianship of the guardian without his consent. The expression "taking" and "enticing" call for some positive steps taken by the accused to remove the girl from the custody of her guardian. Neither Section 361 PPC nor Section 363 PPC would have any application if the girl of her own accord the word 'kidnapping' connotes stealing away a child without the permission of a person under whose custody or care the child is'.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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