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9) Learned senior counsel for Respondent No. 2 referred to a decision of this Court in Dharam Pal and Others vs. State of Haryana and Another (2014) 3 SCC 306 and submitted that the order passed by the High Court and the Sessions Court not call for any interference.

Discussion:-

10) In the above backdrop, it is pertinent to mention here the ingredients of Section 366 of the IPC which are as under:-
“366 “Kidnapping, abducting or inducing woman to compel her marriage, etc.—Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extent do ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid.” In order to constitute the offence of ‘abduction’ a person must be carried off illegally by force or deception, that is, to compel a person by force or deceitful means to induce to go from one place to another. The intention of the accused is the basis and the gravamen of an offence under this Section. The volition, the intention and the conduct of the accused determine the offence; they can only bear upon the intent with which the accused kidnapped or abducted the woman, and the intent of the accused is the vital question for determination in each case. Once the necessary intent of the accused is established, the offence is complete, whether or not the accused succeeded in effecting his purpose, and whether or not the woman consented to the marriage or the illicit intercourse.
11) Apart from this, to constitute an offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit intercourse and/or that the accused knew it to be likely that the complainant may be seduced to illicit intercourse as a result of her abduction. Mere abduction does not bring an accused under the ambit of this penal section. So far as charge under Section 366 IPC is concerned, mere finding that a woman was abducted is not enough, it must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse.

13) In the case at hand, the appellant herein and Respondent No. 2 were in a relationship. On 06.09.2003, the appellant herein and Respondent No. 2 attended a birthday party of one of their friends. As per the allegations in the complaint, in the early hours of 07.09.2003, when all the friends proceeded towards the venue for dinner, Respondent No. 2 herein, in order to drop her to the venue, took her to his house at Cuffe Parade, Mumbai and asked her to get down from the car. When she refused for the same, Respondent No. 2 forcibly pulled her out of the car and lifted her up and took her to his house and put her on his bed. After this, Respondent No. 2 herein started saying “I love you and why are you not marrying me” and started beating her with his hands and belt. He also hit her head across the wall. As a result, she sustained injuries on her person. At around 2 a.m., when the father of Respondent No. 2 returned home, he took the appellant herein to her home. On 12.09.2003, FIR was got registered under various Sections of the IPC. One week thereafter, i.e. on 19.09.2003, a further statement was given by the appellant, after explaining the facts to her mother wherein the appellant has made out a case of being molested. Her explanation that it was not stated earlier due to embarrassment does not inspire confidence as FIR was lodged five days’ after the incident and, therefore, she lodged the same with due deliberation. Again, why within one week thereafter she thought of mentioning about the molestation and did not feel embarrassed now? There is no explanation for that. The act of pulling out the appellant herein from the car of Respondent No. 2 was witnessed by the watchman. In this view of the matter, it is apparently clear that the allegation is confined to aspect of Respondent No. 2 herein forcibly taking her to his house. However, the allegations of removing her clothes and touching her inappropriately or molestation was added afterwards. This Court has time and again held that mere abduction does not bring an accused under the ambit of Section 366 IPC. It must be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse. It is evident on record that Respondent No. 2 and the appellant herein were in a relationship which was known to their families also. The primary allegations are that Respondent No. 2 took her forcibly to his house. But it was not with intent to seduce her to illicit intercourse. Actually, as per the prosecutrix, Respondent No. 2 first expressed his love for her and afterwards he started beating her with waist belt and using his hands which fact is evident on record. The statement of being molested at the hands of Respondent No. 2 was not given at once and was given later. The very same acts of Respondent No. 2 do not show his intent to abduct her in order to marry her against her will or to force her or seduce her to illicit intercourse.