Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – s.366 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s.366 – Framing of charge under – Whennot justified – FIR registered by appellant against Respondent no.2,with whom she was in relationship earlier – Appellant stated thaton the fateful night when she and Respondent no.2 were in a party,after the party finished, Respondent no.2 on the pretext of droppingher to the venue for dinner, drove her to his home and when onreaching there appellant refused to come out of the car, Respondentno.2 forcibly lifted her up, took her to his house and started beatingher – Later, appellant gave further statement that she was alsomolested by Respondent no.2 – Charge sheet filed – Respondentno.2 discharged inter alia in respect of offence u/s.366 – On appeal,held: For charge u/s.366, mere finding that a woman was abductedis not enough –It must further be proved that the accused abductedthe woman with the intent that she may be compelled to marry anyperson or in order that she may be forced or seduced to illicitintercourse– In the instant case, primary allegations made byappellant were that Respondent No. 2 forcibly took her to his house,first expressed his love for her and then started beating her whichfact is evident on record – However, one week thereafter appellantmade out a case of molestation stating that it was not stated earlierdue to embarrassment – This does not inspire confidence as the FIRwas lodged by appellant, five days after the incident, with duedeliberation, and why within one week she thought of mentioningabout molestation and did not feel embarrassed then – Even if it isproved that Respondent No. 2 forcibly took her to his house, thelater version that his intention was to marry her or to force or seduceher to illicit intercourse was clearly an afterthought – Charge u/s.366 against respondent no.2 is not maintainable. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 402 |
Petitioner | Kavita Chandrakant Lakhani |
Respondent | State Of Maharashtra & Anr. |
SCR | [2018] 3 S.C.R. 994 |
Judgement Date | 2018-04-24 |
Case Number | 459 |
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