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For Appellant : Mr.C.Prabakaran For Respondent : Mr.R.Ravichandran Government Advocate J U D G M E N T This appeal is directed as against the judgement dated 19.06.2008 made in S.C.No.327 of 2006 on the file of the learned Session Judge, Mahila Court, Salem, thereby convicting the appellants for the offence under Section 366A r/w 511 of IPC and sentenced each of them to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.1000/- in default of payment of fine to undergo Rigorous Imprisonment for three months.
2. The case of the prosecution is that on the early morning of 20.03.2006 at about 1.00 a.m., the appellants/accused were attempted to kidnap the victim aged about 16 years (P.W.2), the daughter of P.W.1, while she was sleeping, for the purpose of marring the second accused. While she was sleeping, on compulsion she had been taken to Maruthi van by false statement and while boarding into the Maruthi van, neighbours shouted and rescued her. On the complaint of P.W.1, the crime was registered by P.W.8, the Inspector of Police in Crime No.116 of 2006 for the offence under Section 366A r/w 511 of IPC. P.W.9, the Inspector of Police investigated the case and recorded the statement from some of the witnesses and on his transfer, he handed over the investigation to P.W.10. Thereafter, P.W.10 examined the remaining witnesses and filed charge sheet charging the appellants for the offence under Section 366A r/w 511 of IPC. The trial Court had taken cognizance of the offence under Section 366A r/w 511 of IPC, against the appellants and questioned them under Section 313 of Cr.P.C. The appellants denied the charges, pleaded not guilty and claimed trial.
11. P.W.7 is the witness to the observation mahazar. P.W.8, the Sub Inspector of Police deposed about the registration of First Information Report in Crime No. 116 of 2006 for the offence under Section 366A r/w 511 of IPC against the appellants. P.W.9, the first Investigating Officer investigated the case and recorded the statements from some of the witnesses. P.W.10, the Investigating Officer completed the entire investigation and filed charge sheet for the offence under Section 366A r/w 511 IPC against the appellants.
16. In the present case, the appellants were charged for the offences under Section 366A r/w 511 of IPC. Section 366A reads as follows:-
366A. Procuration of minor girl 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 with imprisonment which may extend to ten years, and shall also be liable to fine So far as the offence under Section 366A is concerned, in such offence what is required to be proved by the prosecution is that there is cogent and reliable evidence to prove and establish that the minor girl under the age of eighteen years was induced to come from one place to other with the intention that the said girl may be forced to have illicit intercourse with another person. Therefore, in such offence, the chief ingredient is that the girl is made to go from one place to other with intention or knowledge that she may be forced to illicit intercourse. Evidence on records does not reveal any such intention. While appreciating the evidence, it will be the obligatory duty and responsibility of the Court, to see that chaff is separated from the grain.