SACHINDER RAI Vs. EMPEROR

JUDGEMENT

(1.) These are two appeals-from the judgment of the Assistant Sessions Judge of Shahabad, Mr. Ananta Nath Banarji. That of the appellant Hafiz Mian is a regular appeal; that of Sachinder Rai is a jail appeal. Both have been taken together for convenience. Both appellants, have. been convicted by a 4 to 1 majority verdict of the jury under Secs.366 and 366-A, I.P.C., and accepting this verdict the learned Judge has sentenced each of them to undergo rigorous imprisonment for five years. The sentences are under Section 366, no separate sentence being passed under Section 366-A. The appellants were on trial with two other accused, Salim Mian and Munshi Mian. Besides the charges mentioned, there was a charge of rape under Section 376, I.P.C., against the appellants and one other man, and there was a charge under Section 379, I. P.C., against the appellant Sachinder. These charges have ended in acquittal by a unanimous verdict of the jury.

(2.) Briefly, Section 366 is the offence of kidnapping or abducting any woman with intent that she may be compelled or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may he forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse. The definition of kidnapping is to be found in Section 361 and it amounts to this, taking or enticing away any female under sixteen years of age. With the rest of the definition we are not concerned. Abduction is defined 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.

(3.) As will appear presently, there is no question of kidnapping in this case as there is no evidence, and it is not contended, that the girl is under sixteen. The charge there, fore rests on abduction: hence it is essential that either force or deceit shall be established as an ingredient of the offence. Section 366-A is as follows: Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable, etc.