REHMAT ALI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the conviction of the accused under Sec. 363, Indian Penal Code sentencing him to suffer R.I. for 2 (two) months.

(2.) The prosecution case is that P.W. 4, Laxmi Prasad found his minor girl Sabitri missing since December 1, 1976. On 3.12.76 the informant, after enquiry, could learn that one Musst. Sabina had enticed away the girl for espousing her marriage with some one, The accused was a truck driver at all relevant time. The police could gather information that the "missing girl was with the accused. The girl was recovered with the help of police on 10.12.76. The accused and the girl were brought to Nagaon, The girl was medical examined by P.W. 8, Dr. M. Rahman who found as follows:

(3.) Let me delve into the question whether the accused could be convicted under Sec. 363 I.P.C. The accused has been convicted under Sec. 363 Indian Penal Code, "the Code" for short, for kidnapping Sabitri from the lawful guardianship of her father Laxmi Prasad. The Sec. provides punishment for the offence defined in Sees. 360 and 361 of "the Code'. There is no denial that to support the conviction of kidnapping from lawful guardianship the facts of the case must fall within the ambit of Sec. 361, that is to says the person in respect of whom the offence is committed must be a boy or a girl under the age of 16 years or 18 years respectively. The object of Sec. 361 is to protect children of tender age from being abducted or seduced for improper purposes as for the protection of the rights of the parents and guardian having the lawful charge of custody of minor or insane persons.