The central legal point established in the judgment is that the offence under Section 366A IPC requires the element of 'inducement', which was found to be absent in the case.

A.H. Saikia, J.

1. Heard Mr. A.B. Choudhury, learned counsel for the petitioners. Also heard Mr. F.H. Laskar, learned Public Prosecutor, Assam.

2. This revision has been directed against the Judgment and Order dated 6.6.1995 passed by the learned Sessions Judge, Dhubri in Crl. Appeal No. 3(2)/95 dismissing the appeal preferred by the petitioners and confirming the conviction and sentence awarded by the learned Assistant Sessions Judge, Dhubri by Judgment and Order dated 20.4.1995 in Sessions Case No. 105/92 under Section366A IPC.

3. Both the petitioners are convicted under Section 366A IPC and sentenced to undergo rigorous imprisonment for seven years and also to pay an amount of Rs. 1,000 each to the victim girl as compensation in default to suffer further S.I. for one year each.

4. The prosecution case in brief is that on 4.9.1990 one Musstt. Kesema Khatun, minor daughter of informant, Md. Abul Kasem, PW 2, was kidnapped by the petitioner No. 2, Md. Afzur Rahman who was assisted by the petitioner No. 1, his sister Musstt. Golapi Begum @ Golapi Bibi from the house of PW 2 at Gauripur in the district of Gauripur. At the time of her kidnapping, as alleged, the victim girl was aged about 13 years. PW 2 informing the above factual position lodged an ejahar with the police at Gauripur Police Station. Accordingly investigation ensued and police after completion of the investigation submitted charge-sheet against both the appellants to face trial under Section366/368/376 IPC.

5. During the trial as many as seven witnesses were examined on behalf of the prosecution when accused pleaded not guilty and denied all the allegations in their statement under Section 313 Cr.PC. On consideration of the evidence on records, the learned trial court convicted and sentenced the petitioners as above mentioned.

6. Feeling aggrieved by the initial conviction and sentence passed by the learned Assistant Sessions Judge, Dhubri the petitioners preferred an appeal before the learned Sessions Judge, Dhubri which was dismissed on 6.6.1995 upholding the conviction and sentence so passed by the learned trial court.

7. Challenging the impugned conviction and sentence Mr. Choudhury, learned counsel for the petitioners has forcefully submitted that the courts below committed grave error of law in its basic stage by not considering the essential ingredients of Section 366A IPC in order to arrive at the finding of impugned conviction. According to him, it is manifestly clear in the evidence that basic ingredients of 366A IPC has been totally absent in the instant case inasmuch as there was no inducement as such to rope in the petitioner under the above mentioned section.

8. For better appreciation of the issue raised, it is necessary to have a look in the Section 366A IPC, which 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."

9. From a bare perusal of the section, it appears that there are three essential ingredients to constitute the offence of procurement of a minor girl under Section 366A IPC. Those are : (1) the victim girl must be induced by the accused ; (2) she must be a minor under the age of 18 years and (3) she must be induced by the accused person to go from a 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 by another person. Amongst those, 'inducement' is the basic requirement of law in a case or an offence under Section 366A IPC. But the word 'inducement' has not been defined anywhere in the Penal Code.

10. In the ordinary dictionary meaning, i.e., as per "Oxford Advanced Leaner's