1973 (5) TMI 100 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Section 366 IPC.
2. Acquittal under Section 376 IPC.

Issue-wise Detailed Analysis:

1. Conviction under Section 366 IPC:
The appellant was convicted under Section 366 IPC for kidnapping Mohini, a minor, with the intention of seducing her to illicit intercourse. The prosecution case detailed a series of interactions between Mohini and the appellant, starting from 1965, which included trips to various places and gifts given to Mohini by the appellant. On January 16, 1967, Mohini left her home and went to the appellant's factory instead of her school. She wrote letters under the appellant's dictation and was later found in his garage by the police.

The trial court concluded that Mohini was a minor at the time of the incident and believed her testimony about the appellant's sexual advances. The court found the appellant's explanation for his actions unconvincing and held that he had induced Mohini to leave her parents' house. The High Court upheld this conviction, noting the appellant's continuous and deliberate efforts to cultivate a relationship with Mohini and her family, which ultimately led to the incident on January 16, 1967. The High Court found the appellant's actions to be in line with the intention required under Section 366 IPC.

2. Acquittal under Section 376 IPC:
The appellant was initially convicted under Section 376 IPC for rape, but the High Court acquitted him of this charge. The High Court found Mohini's testimony regarding the alleged rape on the night of January 16, 1967, to be uncorroborated and not free from reasonable doubt. The medical examination did not find any symptoms of forcible sexual intercourse, and the High Court considered Mohini's account of being kept in the dicky of the appellant's car to be exaggerated.

Despite the acquittal under Section 376 IPC, the High Court maintained the conviction under Section 366 IPC, emphasizing the appellant's intention to seduce Mohini to illicit intercourse. The court noted the appellant's previous interactions with Mohini, including gifts and trips, and his attempt to keep her away from her parents as indicative of his intentions.

Conclusion:
The Supreme Court upheld the High Court's judgment, agreeing with the findings regarding the appellant's conviction under Section 366 IPC. The court noted that the appellant's actions, including his previous relationship with Mohini and the circumstances leading to the incident on January 16, 1967, supported the conclusion that he had induced her to leave her parents' house with the intention of seducing her to illicit intercourse. The appeal was dismissed, and the conviction and sentence under Section 366 IPC were maintained.