This case analysis is written by Nikhat Fatima Chaudhary currently pursuing Law from Rizvi Law College.
Case Number
Cr. A. No. 21.4 of 1969.
Equivalent Citations
1973 AIR 819, 1973 SCR (2) 728
Bench
DUA, I.D.
Decided On
27/10/1972
Relevant Act/Section
Section 361
Section 366
Brief Facts and Procedural History
Jai Narain, the co-accused in the case, had tried to become intimate with the prosecutrix, Santosh Rani girl of fourteen, and to seduce her to go and live with him. When her father forbade to visit his house, Jai Narain started sending messages to the prosecutrix through the respondent. On the day of the occurrence, the respondent Raja Ram, went to see the prosecutrix and asked her to visit his house, and later, on the same day, sent his daughter to fetch the prosecutrix. When she came, Raja Ram informed her that she should come to his house at about midnight when she would be taken to Jai Narain. That night, when Santosh Rani came to his house, the respondent took her with him and handed her over to Jai Narain.On the question, whether Raja Ram was guilty under S.361, I.P.C., of the offence of kidnaping from lawful guardianship, the trial Court convicted him, but the High Court set aside the conviction. The High Court was of the opinion that, The girl left the house of her father at midnight of her free will. Raja Ram, appellant, did not go to her house to persuade her and to bring her from there.Once the act of going on the part of the girl is voluntary and conformable to her own wishes and the conduct of the :girl leaves no doubt that it is so, Raja Ram appellant could not be held to have either taken or seduced the girl”.
Issues Raised before the Court
- Whether Raja Ram is guilty under Section 361 IPC?
Ratio of the Case
The Supreme Court held that the object of section 361 seems as much to protect the minor children from being seduced for improper purposes as to protect the rights and privileges of guardians having the lawful charge or custody of their minor wards. The words “takes or entices any minor out of the keeping of the lawful, guardian of such minor” in s. 361, are significant. The use of the word “keeping” in the context connotes the idea of charge, protection, maintenance and control, further the guardian’s charge and control-appears to be compatible with the independence of action and movement in the minor, the guardian’s protection and control of the minor being available, whenever necessity arises On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial : it is only the guardian’s consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have, been by means of force, or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section. Raja Ram’s action was the proximate cause of the prosecutrix going out of the keeping of her father and indeed but for Raja Ram’s persuasive offer to take her to Jai Narain the prosecutrix would not have gone out of the keeping of her father who was her lawful guardian, as she actually did. Raja Ram actively participated in the formation of the intention of the prosecutrix to leave her father’s house. The fact that the prosecutrix was easily persuaded to go with Raja Ram would not prevent him from being guilty of the offence of kidnapping her. Her consent or willingness to accompany Raja Ram would be immaterial and it would be equally so even if the proposal to go with Raja Ram had emanated from her. There is no doubt a distinction between taking and allowing a minor to accompany a person. In the present case the, acquittal by the High Court is clearly erroneous both on facts and in law and keeping in view the nature of the offence committed we consider that there is clearly failure of justice justifying interference by this Court under Art. 136 of the Constitution.Â
Decision of the Court
Appeal is allowed setting aside the order of the High Court acquitting Raja Ram, respondent, and the order of the Second Addi tional Sessions Judge was restored.
Latest Posts
- Job opportunity at EXO Edge, Sahibzada Ajit Singh Nagar, Punjab, India: Apply Now!!
- Internship opportunity at Vishwas Advisors, Kalyan, Maharashtra, India: Apply Now!!
- Internship opportunity at Kulfi Collective, Mumbai, Maharashtra, India: Apply Now!
- Job opportunity at The Neotia University, Diamond Harbour, West Bengal, India: Apply Now !!
- Job opportunity at Morgan Stanley, Mumbai, Maharashtra, India: Apply Now!!
- Job opportunity at VISA INTELLIGENCE CONSULTANCY LLP, New Delhi, Delhi, India: Apply Now!! Â
- Job opportunity at Amazon Web Services (AWS), Gurugram, Haryana, India: Apply Now!!
- Job opportunity at Stelcore Management Services Private Limited, Mumbai, Maharashtra, India: Apply Now!!
- Job opportunity at Zscaler, Sahibzada Ajit Singh Nagar, Punjab, India: Apply Now!!
- Job opportunity at Irish Expert, Delhi, India: Apply Now!!
- Job opportunity at UnitedLex · Gurgaon, Haryana, India: Apply Now!
- Internship opportunity at Vineforce · Nabha, Punjab, India: Apply Now!!
- CLAT-Peeps! (10)
- Current Affairs (2)
- competitions (132)
- Conferences and Seminars (201)
- Webinar (1)
- Course and Workshops (107)
- Debates (46)
- Eassy Competitions (69)
- Fellowships & Scholarships (56)
- Guest Blogs (6)
- important (29)
- Internships and Jobs (2,317)
- interviews (8)
- moot court (180)
- Opportuintes (2,731)
- Job Opportunity (1,191)
- opportunity (2,559)
- Call for papers (475)
- Quizes,fests and others (298)
- Work Opportunity (836)
- Our Blog (1,049)
- Administrative Law (17)
- ADR (13)
- Arms Act (2)
- Case Analysis (205)
- Company law (36)
- Constitutional Law (143)
- Consumer Protection Act (17)
- Contract Law (62)
- CPC (10)
- Criminal Law (140)
- Cyber Law (13)
- Environmental Laws (30)
- Evidence Act (20)
- Family Law (12)
- General (205)
- International Humanitarian Law (8)
- International law (23)
- IPR (10)
- Jurisprudence (13)
- labor laws (7)
- Maritime Laws (1)
- Partnership Act (2)
- personal law (33)
- Taxation (10)
- Tort (64)
- Transfer of Property (2)
- Our Services (11)
- career advice (2)
- others (6)
- Top Stories (524)
- Uncategorized (720)
Archives
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- February 2020
- January 2020
- November 2019