GABRIEL KHARSHANDI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appeal arises out of a judgment of conviction under Sec. 366 of the Indian Penal Code, 1860. The appellant has been sentenced to the maximum of 10 years' rigorous imprisonment together with a fine of Rs.10,000.00. In default of the payment of the fine, the appellant has to suffer rigorous imprisonment for a further six months.

(2.) The primary ground urged on behalf of the appellant in assailing the impugned judgment and order of April 27, 2016 is that there is no reason or basis for the maximum punishment being awarded, particularly since there was no harm caused to the four-year-old survivor in question and there can be no dispute that the victim had not been sexually assaulted by the appellant.

(3.) For the present purpose, the material part of Sec. 366 of the Penal Code may first be seen. The charge against the appellant was that he had kidnapped or abducted the girl-child in order that she may be forced to illicit intercourse. The material portion of the provision reads as follows: "366. Kidnapping, abducting or inducing woman to compel her marriage, etc.- Whoever kidnaps or abducts any woman ... in order that she may be forced ... 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;...".