Summary
The Supreme Court upheld the refusal to include an IPC section 366 charge on the allegations before it. Forcibly taking a woman from one place to another did not alone establish the required intent to compel marriage or force or seduce her to illicit intercourse. The Court found that intent absent on this record. It confined its observations to section 366 and directed the trial court to decide the remaining case on merits within six months.
Issues
- Whether the allegations justified inclusion of a charge under IPC section 366.
- Whether abduction alone established that offence without the specified further intent.
Provisions considered
- Section 366, Indian Penal Code, 1860Abduction must accompany the statutory intent or knowledge concerning compelled marriage or forced or seduced illicit intercourse. The Court found that additional element absent on the particular allegations considered. (¶¶ 10, 11, 13, 14)
Held
- The accused’s intention is central to section 366. Mere abduction is insufficient: the prosecution must establish the further purpose or knowledge specified in that section. Once the necessary intent is established, actual success in accomplishing the purpose is unnecessary. (¶¶ 10, 11)
- On the complaint and subsequent statements considered, the Court found that forcibly taking the complainant to the accused’s house did not establish an intention to compel marriage or force or seduce her to illicit intercourse. Its treatment of the later allegations was a conclusion on this record. (¶¶ 13, 14)
- The Court expressly limited its observations to applicability of section 366. The trial court was to determine the remaining case on merits; the dismissal did not amount to an acquittal on all charges. (¶¶ 12, 15)
Result
Appeal dismissed; refusal to include the section 366 charge upheld. Trial court directed to conclude the trial within six months of judgment and decide the remaining case on merits.