SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Are there elements of "taking or enticing" in the facts of the case to attract culpability under Section 361 I.P.C. Under any circumstances, can the accused be attributed with contumacious intent to bring the case within the sweep of Section 366 I. P. C. These are the questions that arise for consideration in this Crl. R. P.

(2.) The challenge is against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 366 I. P. C. The revision Petitioner/accused faces a sentence of R. I. for a period of 4 years and to pay a fine of Rs. 5,000/-. In default he is sentenced to undergo S. I. for a period of six months.

(3.) The crux of the allegations against the Petitioner/accused is that on 30-7-1996 at 1 p.m., he "took or enticed" PW-11, a minor girl at that time (date of birth 27-6-1979), out of the keeping of her lawful guardian PW-10. This was allegedly done by the accused, a neighbour, aged about 25 years, who had by then secured divorce from his wife PW-5. PW-5 and the accused are Muslims by religion, whereas P Ws-10 and 11 are Hindus by religion.