Citations: Abdul Vs Emperor, AIR 1932 AII 580
Date of Judgement: 22/02/1932
Equivalent Citations: AIR 1932 All 580
Case No.: Criminal Appeal no. 580 of 1932
Case Type: Criminal Appeal
Petitioner/Appellant: Abdul Karim and Abdul Hasan
Defendant/Respondent: Emperor
Bench: Hon’ble Justice Pullan
Court: Allahabad High Court
Statues Referred:
- Indian Penal Code; Sections 354, 366, 237
Facts:
- Mt Buddo a ‘chamar’ girl used to go to the house of Mahomedans for the daily chores.
- She knows them and has an amicable relationship.
- One day they called her into a sugarcane field and had sex with her.
- They likewise dressed her up in some Mahomedan garments which they in this manner eliminated.
- An endeavour was made to show that these Mahomedans and others were in a scheme to steal this young lady to Simla for indecent purposes, yet no such case is set up by the proof.
Issues Involved:
- Is punishment given under section 366 of Indian Penal Code is a valid ground or not.
Contention of Petitioner/Appellant:
- The counsel for the petitioner contended that:
- Clinical assessment unveiled the way that she was not a virgin, but rather no inquiry was posed to the specialist concerning whether she had been as of late despoiled or was acclimated to sex. As she has never recommended that any viciousness was utilized to her, it is plausible that she had submitted to these men on past events.
Contention of Defendant/Respondent:
- The counsel for the defendant contended that:
- It is however proved that the girl was seen with these men, that she went into a sugarcane field with them, and that she exchanged her clothes for Mahomedan clothes.
Judgements:
- A man who submits sex with a young lady in a field close to her own home without having any expectation of removing her with him isn’t at real fault for an offence under Section 366 of Indian Penal Code in any case, a man who engages in sexual relations with a minor young lady even with her assent is at real fault for the offence of assault In the current case the blamed were not independently accused of assault, yet they were both found out if they had sex with the young lady and the two of them said that they had not.
- Sex indeed frames the chief piece of the claims made by the young lady and there is no question that specialized assault was submitted. Albeit no particular charge of this offence was made a conviction for assault might be passed by this Court under the arrangements of Section 237 of Criminal Procedure Code.
Compensation was paid to the girl.
Ratio Decidendi:
- All together that this offence might be demonstrated, it is important to show that, the young lady or lady has been grabbed or kidnapped from legal guardianship. This young lady was in the guardianship of her dad as her Gauna service had not been performed, yet I can’t hold that she has at any point left the guardianship of her dad. She never seems to have gone more than exceptionally brief separation from her own home and there isn’t anything to recommend to my psyche that the blamed had any goal for removing her. Presumably, they delighted themselves with her and dressed her up in some fine garments to satisfy her, yet this doesn’t demonstrate that they expected to remove her from home or to do anything over have sex with her.
Conclusion:
In India, the girls are treated as gods and if anyone tries to do some harm to them are seen as the culprit. furthermore, if a girl made wrong allegations to a man or men’s people think that the girl is saying the truth and it is the man who has done something wrong. In this case, too there were allegations on the petitioner for raping the girl but it was not proven that they had raped her instead of this there are more chances of consensual sex. The high court made the decisions accordingly and subsidies the charges of the petitioners.
Drafted by: Aditi Bharti, MM Shankarrao Chavan Law College, Pune
Edited by: Aashima Kakkar, Associate Editor, Law Insider
Published On: December 24, 2021 at 18:00 IST