ABDUCTION

ABDUCTION AND KIDNAPPING

[Sections 363, 364 to 374, P.P.C. & Sections 552 Cr.P.C.]

Abduction and rape and age of the girl in dispute. Girl medically got examined by the accused. Doctor reported her to be 17 or 18 years old. Girl also got medically examined by the investigating officer and the report was that she was under 16 years but used to sexual intercourse. Girl during investigation giving statement in favour of prosecution. She had earlier made a statement before a magistrate that she had not been abducted, and that she had gone away with the accused of her own accord. Held the grant of bail in view of doctor's opinion about girl's age and her earlier statement in favour of the accused before a magistrate, prima facie justified. Whether statement for or against the accused yet to be determined by the trial Court. Question of rape also dependent on determination of question of abduction. Bail allowed by the Supreme Court. (SC) 1976 SCMR 157 Abbas Ali.

intention or knowledge is required under section 366, PPC. Such intention cannot be presumed in the case of girl of 13 years. AIR 1916 Lah. 352 Mst. Mehran.

Intention u/S. 366, PPC is to be inferred that the girl was abducted for illicit intercourse. Burden lies on the accused to rebut the presumption. (DB) PLD 1959 Dac 956 Siddiq.

Offence of kidnapping complete as soon as girl under 16 years removed from the lawful guardianship. Consent of such girl to marriage with kidnapper cannot absolve the kidnapper of the offence under section 363, P.P.C. 1977 P Cr.L.J. 941. Manzoor.

Mere abduction is not sufficient to establish the offence. Prosecution must prove that the woman abducted was to be subjected to illicit intercourse by use of force or seduction. (S C) 1969 SCMR 491 Hussain Ali Shah v. Crown 1969 P Cr.L.J. 1091.

Simple abduction as defined u/S. 362, PPC is not an offence (DB) PLD 1962. Lah. 733 Muhammad Hussain.

Consent of kidnapped girl is no defence but it is a factor which can be considered while awarding punishment. AIR 1926 Lah. 677 = 27 Cr.L.J. 1018 Wali Mohammad.

Abductee murdered. Where an abductee is murdered the accused is not to be charged u/S. 364, PPC but for murder u/S. 302. 42 Cr.L.J. 285 = AIR 1940 Cal. 561. Upendera Nath (DB) PLD 1950 Dac. 4. Mazharul Haq.

Abduction for pressure. A girl was abducted to put pressure on her friends to restore another girl which they had abducted. That girl was released after the other girl was restored. No harm was done to her. Held, under the circumstances heavy sentences of imprisonment were not necessary. AIR 1916 Lah. 269 = 17 Cr.L.J. 472 Waris v. Emp.

Consent of minor girl. Minor girl taken away at her own request and illicit intercourse had with her. Conviction u/S. 366 proper but sentence reduced from 5 years to 3 years.PLD 1962 Kar. 886 Abdul Hamid.

Girl under 17 years left with the accused of her own accord and had sexual intercourse of her own free will. Sentence 3 years R.I.PLD 1963 Kar. 130 Ansar Hussain. Prosecutrix below 16 years of age at the time of abduction held, her willingness to accompany the accused is of no consequence. PLJ 1989 Cr. C (Lah.) 575 Ghulam Hussain.

Removal of girl under 16 years and her marriage with the accused, even with her consent does not absolve the accused of offence under section 363, PPC which is completed as soon the girl is removed out of the legal guardianship PLJ 1977 Lah. 250 Manzoor.

Elopement. Probability of girl eloping with the accused. Conviction bad. Accused acquitted. AIR 1925 Lah. 274 Har Ditta

 Abduction or kidnapping is complete when the minor has been transferred from the custody of the guardian to the custody of a person not entitled to it. It is not a continuous offence. 17 Cr.L.J. 236 = AIR 1916 Lah. 230. Gurdit Singh. (SC) PLD 1967 SC 363. Mohd Razzak

Kidnapping and abduction. Taking of complainant from phattak to another nearby place does not include act of abduction PLJ 1984 FSC 84. Shafa Ullah. Abduction for murder. Whether deceased actually done to death and if so by whom not gravamen of offence u/S. 364, PPC. Evidence direct and circumstantial of deceased having been induced to accompany accused on false representation made with a view to put in danger of deceased being murdered is enough. Held, offence u/S. 364, PPC brought home to the accused. 7 years RI upheld. Offence u/S. 302 not proved. (SC) PLD 1976 SC 404. Abdul Sattar. PLJ 1976 SC 258.

Prostitution by girl. Where a girl in consideration of money paid to the accused allows persons to have intercourse with her, those persons, held, do not hire her within the meaning of Sec. 373. 1898 Cr. Rulings (Bomb. H.C. No. 16) of 1898 Ahmed Khan.

Girl's age not with accuracy to be below 16 years, conviction for kidnapping could not be maintained. (DB) PLD 1950 Dacca 23, Santosh Kumar v. Crown. Abduction of grown-up girl. Allegation of the use of force requires corroboration. PLD 1959 Kar. 635. Abdul Rashid.

Evidence of abducted girl must be taken with great caution. (DB) AIR 1938 Lah. 474 Mohd Sadiq v. Emp.

Substantial corroboration of abductee's statement not a must for offence u/S. 366, PPC. (DB) PLD 1958 Dac 400 Shah Alam v. Crown.

 Husband lawful guardian only after the wife attains puberty. Where the maternal uncle took away the minor wife and in the absence of the proof that the husband had been entrusted with the care and custody of the minor, the uncle had committed no offence. 36 Cr.L.J. 1031 = AIR 1935 All. 566 Wasima. Father legal guardian of son. Removal of son by father from the hizanat of his mother cannot make father liable under section 363, PPC. Proceedings quashed.1971 P.Cr.LJ 252 Bashir Ahmad 1971 P.Cr.LJ 982. Asghar Ali.

Abduction by father. Where father abducted his married daughter forcibly in order to sell her, held, contention that father could not abduct his own daughter is without force. 1980 P.Cr.L.J. 890 Hamal etc.

Guardianship from which the girl was taken must be stated in the charge. (DB) PLD 1959 Dac. 750 Ear Ali. Forcibly taking to husband. Accused forcibly trying to take woman to her husband's house to compel her to live there against her will is not guilty of abduction. PLD 1960 Lah. 53

Abduction and rape. Separate sentences for abduction and rape can be passed and it is not contrary to section 71, PPC, ILR 7 Lah. 484. Ghulam Muhammad. Wrongfully concealing a kidnapped or abducted person. A person who has been convicted under section 366 cannot be convicted also under section 368 ILR 2 Luck. 249. Bannu Mal. Superdari of abductee. Investigating officer cannot hand over an adult married woman to a person against her wishes. PLD 1962 Q 108 Mohd Sharif v. Lal Mohd. 

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