STATE OF ORISSA Vs. KHATU MULI

JUDGEMENT

(1.) Acquittal of respondent under Section 366, I.P.C. is assailed in this appeal under Section 378, Cr. P.C.

(2.) Trial Court has held as follows: On discussion of the evidence, it is seen that the accused compelled the P.W. 2 by using force showing bow, arrows and tangia to leave the bathing place to his house to submit a forcible marriage as it was the evidence of P.W. 2 that the accused proposed her to make his wife. Though the evidence was that by the accused used force to P.W. 2 to takeaway from the Chua to his house, the evidence that the accused induced Saibani Sabarani (P.W. 2) by any deceitful means is not forthcoming. Further there is no evidence of inducement or taking away by deceitful means. Mere application offence is not sufficient to prove a charge against the accused under Section 366, Indian Penal Code without establishing that the accused made any inducement to Saibani Subarani (P.W. 2) by deceitful means. On reading the entire evidence of P.W. 2 and other P.Ws. there is nothing to told that the P.W. 2 was induced by the accused to come from Chua to the house of the accused by any deceitful means. In absence of proving such ingredients of the charge, the offence under Section 366, Indian Penal Code cannot be made out to bring about a conviction.T Learned Assistant Sessions Judge is wholly wrong in his view. Section 366, I.P.C., reads as follows: 366. Kidnapping, abducting or inducing woman to compel her marriage, etc. Whoever kidnaps or abducts 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 be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. A bare perusal of the Section makes it clear that abduction with intention that, she will be compelled to marry attracts the penalty under this Section.

(3.) Learned Assistant Sessions Judge has found that respondent compelled P.W. 2 by using force to leave her bathing place to his house. When at the time of using force he expressed that she shall be made his wife, intention of respondent is clear. Force used for abduction is compelled P.W.2 to marry accused. When intention is dear at the time of abduction, no further compulsion is necessary. In such case inducement by deceitful means is not required to be satisfied. Accordingly, in disagreement with the learned Assistant Sessions Judge, I permit respondent under Section; 366, I.P.C.