Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.268 of 1999 === Against the judgment and order of conviction and sentence dated 18.9.1999 passed in Sessions Trial No. 358/90/Tr.65/93 by Additional Sessions Judge, Kishanganj. **** 1. Abdul Sattar 2. Amerul 3. Abdul Jalil @ Jalil 4. Saigun Bibi @ Saigun Nissa 5. Jinne Bibi alias Jinne Khatoon 6. Abid 7. Majid 8. Rameshwar Pd. Singh .... .... Appellants Versus The State of Bihar .... .... Respondent === For the Appellants: Mr. Vikram Dev Singh And Mr. Firoz Ahmad For the Respondent: Mr. Sujit Kumar Singh, A.P.P. === P R E S E N T THE HON’BLE MR JUSTICE MANDHATA SINGH J U D G M E N T Mandhata Singh,J., Prosecution case initiated on complaint petition of one Md. Islamuddin in brief is that all the accused persons including appellants on 11.11.1987 came to the house of complainant and took away his wife with them. He is suspecting her sell to some one or having illicit intercourse. Further it is said that she was wearing Noor an ornament of silver and all the clothes were taken by them. On search complainant could know on 14.12.1987 that his wife was at the house of Subhan. He went there, tried to bring her back but was not allowed rather replied that she was sold to Subhan by accused appellants Jalil, Amerul and others. Patna High Court CR. APP (SJ) No.268 of 1999 dt.11-01-2012 2 2. After concluding the trial the case is ended in conviction and sentence to accused appellants. 3. In all six witnesses are examined in the case to substantiate the charge leveled against accused appellants. They are P.W.1 Tamizuddin, P.W.2 Kalimuddin, P.W.3 Md. Nezamuddin, P.W.4 Islamuddin, P.W.5 Md. Mosmat Balhani and P.W.6 Anjira Khatoon. 4. Learned counsel for the appellants is limited to the point that I.O. of the case is not examined along with victim of the case. According to learned counsel, whenever some one by force compels or by any deceitful means induces any person to go from any place is the abduction if that is of an woman with intention to compel to marry any person against her will or any other that she may be forced or seduced to have illicit intercourse then only [STATUTE] applies. Basic thing is the application of force or using of any deceitful means that could be well described by the victim (wife of complainant). 5. In casual manner it is submitted on behalf of learned A.P.P. that her (victim) appearance could not be ascertained, so, that can be ignored when witnesses are there to state the abduction. 6. For examination of the victim it appears from the order of cognizance taking Court that without insistence of the complainant, his wife, so called victim of the case was examined making no statement about her abduction rather voluntarily Patna High Court CR. APP (SJ) No.268 of 1999 dt.11-01-2012 3 leaving her husband’s home to come to her mother. This much of the statement of the victim appeared in course of inquiry may not be read for belying the witnesses examined on behalf of complainant but same is a reply to the submission of learned APP that she was not available to be produced for her examination. Leaving of the house is of no importance in the case of abduction if force is not used nor any deceitful means is applied for following the victim to accompany any one. 7. Under such circumstance if victim is not examined it may be taken as death blow to prosecution/Complaint Case and conclusion of conviction is not safe which has not been considered by the trial court. 8. Thus, having regard to the facts and circumstances of the case as well as submission of the parties, the appeal is allowed and the judgment and order of conviction and sentence passed in Sessions Trial No. 358/90/Tr.65/93 is set aside. As the appellants are on bail, they shall stand discharged from their liabilities of their respective bail bonds. 9. Let a copy of this Judgment along with lower court records be sent back to the trial court forthwith. (Mandhata Singh,J.) PATNA HIGH COURT Dated_17-1-2012 AI/NAFR

Applicable IPC Section: 366

Statute Text:
Section 366 of the Indian Penal Code. Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.