EMPEROR Vs. SAFDAR REZA

JUDGEMENT

(1.) In this case the accused Safdar Reza was convicted by the Jury of an offence under Section 363 and of an offence under Section 366 of the Indian Penal Code by a majority of 7 to 2, which verdict I accepted, and the matter which is now for consideration arises with regard to the offence under Section 366. The offence under Section 363, in this case, consists of kidnapping from lawful guardianship--no question arises with regard to that matter. But with regard to Section 366, the material part which applies to this case, is kidnapping a woman "in order that she may be forced or seduced to illicit intercourse."

(2.) In this case there was no suggestion of any force being used by the accused, and I left it to the Jury to say whether the girls Matabia and Bhagbania or either of them, were kidnapped by the accused in order that they or either of them might be seduced to illicit intercourse. The Jury by their verdict found that the accused kidnapped the two girls with that object and attention, and found him guilty under Section 366 by a majority of 7 to 2, as well as under Section 363.

(3.) The evidence was that after the accused had kidnapped the two girls he did in fact have sexual intercourse with both the girls at Goberdanga. It was, however, argued on behalf of the accused that at the time the girls left Doman's house they had the intention of having illicit intercourse with the accused and that, if that were their intention, the accused could not be convicted under Section 366.