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1925 Supreme(Oudh) 38
HIGH COURT OF OUDH
Dalal, J.C.
Saadat Khan - Appellant
Versus
Emperor - Respondent
Decided On : 08-04-1925
JUDGMENT
Dalal, J C - Saadat has appealed from his conviction under Section 366 of the Indian Penal Code. It is stated that he abducted Mt. Kalsooma in order to compel her to marry against her will or in order that she may be forced or seduced to illicit intercourse. The difficulty is that the learned Assistant Sessions Judge who tried the case has not specifically stated what the abduction consisted in was the girl compelled by force or by deceitful means induced to come from any place? There is abundant evidence to prove that the appellant took her from place to place with the intention stated in the charge but all through the judgment I fail to discover any definite finding that the appellant used force or deceitful means to gain his end. When the girl met the village chaukidar while she was in the company of the appellant she made no complaint to the chaukidar. It is not understood from the lower Court's judgment at what particular moment the force or deceitful means were used and when the taking away of the girl, which was innocent at first with the permission of her mother-in-law, should turn to abduction.
2. I am, however, of opinion that the girl is under 18 years of age. The medical evidence is to that effect and there is nothing on the record to the contrary.
3. The appellant was dearly guilty of procuration of Mt. Kalsooma. I alter the conviction to one under Section 366(A) and maintain the sentence passed by the L.C. The appeal is therefore dismissed except as to the alteration of the section of the Indian Penal Code.
