Nari-O-Shishu Nirjatan Daman Ain, 2000 (VIII of 2000) Section 7 ( 1ka) on failure of the complainant to record an FIR at the Police Station, although may file a complaint to the Tribunal. duly attended by anaffidavit in support of his authority. In such a case the Nari-O -Shisu Tribunal after examining the complainant, if satisfied, may send the to any allegation or any other person to enquire into the matter and to report within 7 working days. On consideration of the enquiry report and the complaint if the Tribunal is satisfied existence of prima facie case. he will take cognizance and proceed with the trial.
Babu Miah Vs. The State (Criminal).2 ALR (2013)-HCD-338.
Nari-O-Shishu Nirjatan Daman Ain (VIII of 2000)
Sections 2(Kha) and 7—1he last portion of the definition is very much
significant for us that if any person is taken away from one place to another
without his or her consent force that is alleged kidnap. In this particular case it
has been alleged by the information that she was taken to the pazero zeep by 4-5
persons applying force on her from a rickshaw, sc if we consider' the allegation
of the victim along with definition of the kidnap as made in the Ain, 2000. we
find that this is case which is fully covered with the definition of kidnap in to.
So without involving us into that attempt for kidnap is not an offence in new of
section 7 of the Ain we can draws the conclusion that the victim was kidnaped
by the occurrence of this case. So the framing of charged under section 7 of the
Ain is justified against the principal accused and under section 7/30 of the Ain
against the other accused for the abatetment tn commission of the said offence.
SM Humayun Kabir vs State (Criminal)
2S BLC (2020)-HCD-SS9
Section 2( Kha) read with Section 7
Definition of Kidnap
Held; in this particular case it has ben alleged by the information that she was
taken to the Pajero jeep by 4-5 person’s applying force on her from a rickshaw,
so if we consider the allegation of the victim along With definition of the kidnap
as made in the Ain. 2000. we find that this is case which is fully covered With
the definition of kidnap in to toS. M. Humayun Kabir & Amr Vs the Sate & Anr
27 BLT (2019)-HCD-435