1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Smt. Kausalya Vs. State of Rajasthan (S.B. Criminal Revision Petition No.1079/2009) Date of Order :- 07th October, 2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Anoop Dhand, for the petitioner. The petitioner has challenged the order dated dated 11.04.2008 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Sikar whereby the learned Judge has framed the charges for offences under Sections 365 & 342 IPC against the petitioner. Mr. Anoop Dhand, the learned counsel for the petitioner, had contended that a bare perusal of the statement of the complainant, Kheta Ram, does not make out any offence under Section 365 IPC. According to the complainant, the petitioner had entered his house and ordered him to accompany her to Kotputli. Considering the fact that she was an influential woman, frighten by her presence, he had accompanied her to Kotputli. Since no force was used upon him and since he had voluntarily accompanied the petitioner to Kotputli, the elements of abduction as defined under Section 362 IPC are not made out. Thus, an offence under Section 365 IPC is clearly not made out. At worse, it is merely a case of an offence committed under Section 346 IPC as there is a clear cut allegation of confinement in a room. 2 Heard the learned counsel for the petitioner and perused the impugned order. Section 362 IPC reads as under :- 362. Abduction :- Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. The word “force” need not be confined to only a physical force. Even a verbal abuse can have sufficient force to compel a person to do an act which he otherwise would not want to do. According to Kheta Ram, the petitioner entered his house, and insulted him by using foul language. Intimidated by her language and by the fact that she is, according to him, an influential women, he went along with her to Kotputli. He has used the words, “मɇ डर के मारे उसके साथ आ गया". These words clearly show that he did not go with the petitioner voluntarily or of his own free will. But, he accompanied her under duress. Thus, prima facie a case does exist that “force” was used to compel Kheta Ram to leave his house. Hence, the element of “force”, as visualized under Section 362 IPC, is clearly made out. Therefore, the learned trial court is justified in framing charge under Sections 365 & 342 IPC against the petitioner. In this view of the matter, the petition is devoid of any merit. It is, hereby, dismissed. (R.S.CHAUHAN)J. Manoj Solanki-