Document Fragment View

Matching Fragments

C.A.V. on 27.01.2025 Pronounced on 11.04.2025

1. Heard learned counsel for the parties.

2. The present appeal is directed against the judgment of conviction and order of sentence dated 24.04.2007 passed by learned Additional Sessions Judge-III, East Singhbhum, Jamshedpur in Sessions Case No. 139 of 2005, whereby and whereunder the appellant has been held guilty for the offence under Section 376 & 366A of the I.P.C. and sentenced to undergo R.I. for seven years along with fine of Rs. 5,000/- for the offence under Section 376 of the I.P.C. and further sentenced to undergo S.I. for one year for the offence under Section 366A of the I.P.C. Both the sentences were directed to run concurrently.

27. In the instant case admittedly, at worst, the victim was more than 16½ years at the time of occurrence.

The overall conduct shown by the victim clearly indicates her willingness and voluntarily accompany 2025:JHHC:11295 the accused appellant for performance of marriage in a temple and thereafter court marriage, does not constitute the offence of rape under Section 376 of the I.P.C.

28. Similarly, offence under Section 366A of the I.P.C. is also not applicable here in this case. The relevant provision of Section 366A of the I.P.C. is 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.

29. The essential ingredients for applicability of offence under Section 366A of the I.P.C. are as follows:-

(1) that the accused induced a girl;
(2) that the person induced was a girl under the age of eighteen years;
(3) that the accused has induced her with intent that she may be or knowing that it is likely that she will be forced or seduced to illicit intercourse; (4) such intercourse must be with a person other than the accused;
(5) that the inducement caused the girl to go from any place or to do any act.

30. The key ingredient of Section 366A of I.P.C. is that inducement of minor girl for illicit intercourse with another person. Herein, this accused is alleged to 2025:JHHC:11295 have taken the victim girl for solemnizing marriage with her and not for any illicit intercourse with another person, therefore, the ingredients of Section 366A of the I.P.C. is also not applicable against the appellant.