Embedded Files
IPC - Indian Penal Code Section 366
IPC , Section 366 - Once the prosecution leads evidence to show that the kidnapping was with the intention/knowledge to compel marriage of the girl or to force/induce her to have illicit intercourse, the enhanced punishment of 10 years as provided thereunder would stand attracted.
Sentence – There cannot be any mechanical reduction of sentence unless all relevant factors have been weighed
Sentence – There cannot be any mechanical reduction of sentence unless all relevant factors have been weighed
Sentence – There cannot be any mechanical reduction of sentence unless all relevant factors have been weighed and whereupon the Court finds it to be a case of gross injustice, hardship, or palpably capricious award of an unreasonable sentence - It would thus depend upon the facts and circumstances of each case whether a superior Court should interfere with, and resultantly enhance or reduce the sentence - IPC , Section 361 - IPC , Section 366.
It is necessary that there be an act of enticing or taking, in addition to establishing the child's minority
It is necessary that there be an act of enticing or taking, in addition to establishing the child's minority
IPC , Section 361 - IPC , Section 366 - 'Kidnapping from Lawful Guardianship' - Perusal of Section 361 of IPC shows that it is necessary that there be an act of enticing or taking, in addition to establishing the child's minority (being sixteen for boys and eighteen for girls) and care/keep of a lawful guardian - Such 'enticement' need not be direct or immediate in time and can also be through subtle actions like winning over the affection of a minor girl - However, mere recovery of a missing minor from the custody of a stranger would not ipsofacto establish the offence of kidnapping - Thus, where the prosecution fails to prove that the incident of removal was committed by or at the instigation of the accused, it would be nearly impossible to bring the guilt home.
Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances?
Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances?
Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances? - Reduced – Factors taken into consideration - IPC , Section 361 - IPC , Section 366.
First, it is apparent that no force had been used in the act of kidnapping. There was no preplanning, use of any weapon or any vulgar motive. Second, although not a determinative factor, the young age of the accused at the time of the incident cannot be overlooked. Third, owing to a protracted trial and delays at different levels, more than twenty-two years have passed since the incident. Both the victim and the appellant are now in their forties; are productive members of society and have settled down in life with their respective spouses and families. It, therefore, might not further the ends of justice to relegate the appellant back to jail at this stage. Fourth, the crime was one of passion. No other charges, antecedents, or crimes either before 1998 or since then, have been brought to our notice. The appellant has been rehabilitated and is now leading a normal life. The possibility of recidivism is therefore extremely low. Fifth, there is no grotesque misuse of power, wealth, status or age which needs to be guarded against. Both the prosecutrix and the appellant belonged to a similar social class and lived in geographical and cultural vicinity to each other. Far from there being an imbalance of power; if not for the age of the prosecutrix, the two could have been happily married and cohabiting today. Indeed, the present instance is an offence: mala prohibita, and not mala in se. Accordingly, a more equitable sentence ought to be awarded. Sentence of five years' rigorous imprisonment awarded - Reduced to the period of incarceration already undergone.
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