RAJABUDDIN MONDAL Vs. EMPEROR

JUDGEMENT

(1.) The appellant and another accused were charged with offences under Secs.366, 376, 497 and 498, I.P.C., and were convicted of offences under Secs.366 and 376 and sentenced each to five and seven years respectively, to run concurrently. The only point of substance raised on this appeal is, that the charge under Section 366 was in form illegal, and that the appellant was prejudiced thereby. The charge read as follows: That you on or about 29 May 1932, at Makharpur, Nowgaon P.S., kidnapped or abducted a woman, to wit, Bela Bibi, in order that the said woman may be forced or seduced to illicit intercourse and thereby committed an offence punishable under Section 366, I.P.C.

(2.) The contention on behalf of the appellant is that Section 233, Criminal P.C., provides that for every distinct offence there shall be a separate charge, and that kidnapping and abducting are distinct offences. Section 236, Criminal P.C., provides that if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged in the alternative with having committed some one of the said offences. According to the Indian Penal Code, kidnapping is of two kinds: kidnapping from British India and kidnapping from lawful guardianship Section 359, I.P.C. Whoever conveys any person beyond the limits of British India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from British India:" Section 360, I.P.C. Whoever takes or entices any minor under 14 years of age, if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardianship of such minor or person of unsound mind without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship: Section 361, I.P.C.

(3.) "Abduction" is described in Section 362 as follows: Whoever by force compels, or by any deceitful means induces, any person to go from any place is said to abduct that person.