SHAHEBALI Vs. EMPEROR

JUDGEMENT

(1.) The appellant Taki was convicted under Section 366, I.P.C., of kidnapping a minor girl named Puspalata in order that she might be forced or seduced to illicit intercourse, Kalan under Section 368 for wrongfully concealing or confining the girl and Sabbal under Section 368/109 for abetting him.

(2.) The case for the prosecution was that on 10 February 1932, Taki came to Puspalata's house in the evening when her parents were away from home, and on the pretext of taking her to her mother Matangini, who, he said, was ill, he induced her to accompany him. He put her into a motor car, and after going for some distance Sabbal and others got in. The girl grew suspicious, and was threatened by Taki with a knife. When they arrived at Shamnagar, she was taken to a house where she was kept for a month, during which time Taki cohabited with her on many occasions by threatening her with a knife and by gagging her. Next she was taken to Titagarh where she was kept for about 10 days and Taki cohabited with her as before. Next she was taken to Calcutta to Taki's sister and kept locked up for about ten days. Meanwhile her parents made inquiries and learnt from their younger children that Taki had taken Puspalata away. He was a neighbour and was on familiar terms with the family. Both the father Sudhir Biswas and Puspalata are Indian Christians. Sudhir reported the matter to the police on 13 February, saying that the girl had gone away with Taki "over an illicit love." Matangini questioned Taki and he promised to find the girl and restore her to her parents. After waiting a month without result Matangini filed a complaint before the Magistrate on 14 March saying that Taki had enticed the girl away either to marry her or for some other immoral purpose and a case under Secs.363 and 366 was started against him at Barrackpore.

(3.) About 23 April the girl was taken from Taki's sister's house to Howrah Station in a motor-car by Taki, Sabbal and others. She was dressed in pyjamas and a borkha. Sabbal took her by train to Jaunpore Station and from there to Kallan's house, where she was kept confined until 9 August. Kallan is related to Taki. The kotwali police were searching for another girl and came to Kallan's house to make inquiries. At first Kallan denied that any girl was living in the house, but subsequently he produced Puspalata clothed in Mahomedan dress. She made a statement which was sent to the Noapara Police and by them to the Magistrate at Barrackpore. Subsequently Taki, Sabbal and Kallan were committed to the Court of Session. Puspalata was taken home and was found to be pregnant.