Chhattisgarh High Court Clarifies Scope of Section 366 IPC in Abduction Cases
In a noteworthy ruling, the Chhattisgarh High Court has clarified that not all cases of abducting a minor girl qualify as an offence under Section 366 of the Indian Penal Code (IPC). The court highlighted the importance of examining the intent behind the abduction to determine the applicability of Section 366. This ruling was delivered by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal in the case of Thanda Ram Sidar vs. State of Chhattisgarh (CRA No. 595 of 2024).
Case Background
The case revolved around Thanda Ram Sidar, a 24-year-old from Onki village, Orissa, accused of repeatedly abducting a 14-year-old girl. The girl's father, Mayadhar Sidar, reported that on the night of November 17, 2022, Thanda Ram took his daughter away on a motorcycle. She was returned the next day. However, on November 28, 2022, Thanda Ram tried to abduct her again but was stopped by her mother and a neighbor, allegedly threatening to kill them if they intervened.
The police filed a First Information Report (FIR) charging Thanda Ram under Sections 363 (kidnapping), 506 (criminal intimidation), 366 (abduction with intent to compel marriage or illicit intercourse), and 376 (rape) of the IPC, along with Section 4(2) of the Protection of Children from Sexual Offences (POCSO) Act.
Key Legal Issues
The court examined several critical issues:
1. Victim's Age: Determining if the girl was a minor at the time.
2. Section 366 IPC: Assessing if the abduction was intended to force the girl into marriage or illicit intercourse.
3. Evidence of Rape: Evaluating if the prosecution had adequately proven the charges of rape under Section 376 IPC and Section 4(2) of the POCSO Act.
Court's Findings
The court thoroughly reviewed the evidence, including the victim's statements, medical reports, and testimonies.
Victim's Age: The court confirmed the girl was indeed a minor, aged 14, based on her birth date recorded in the Government Primary School register.
Conviction Under Section 363 IPC: The court upheld the conviction for kidnapping, noting that Thanda Ram had taken the minor from her lawful guardianship without consent. The act of taking or enticing a minor from their lawful guardian constitutes kidnapping under this section.
Acquittal Under Section 366 IPC: The court overturned the conviction under Section 366 IPC, explaining that simply abducting someone does not meet the criteria for this offence. The prosecution needed to prove that the abduction was intended to compel the girl to marry or engage in illicit intercourse, which they failed to do. The court stated:
"In order to constitute an offence under Section 366, besides proving the factum of abduction, the prosecution has to prove that the said abduction was for one of the purposes mentioned in the section. Mere abduction does not bring an accused under the ambit of this penal provision."
This ruling emphasizes the necessity of proving the intent behind an abduction to charge someone under Section 366 IPC, underscoring a more nuanced approach to such cases.
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