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Criminal LawSupreme Court of India

Kavita Chandrakant Lakhani v. The State of Maharashtra

Criminal Appeal · 2018 INSC 402Decided 24 Apr 2018
Criminal Appeal No. 459 of 2016
Justice A.K. Sikri · Justice R.K. Agrawal

Background

The appellant had lodged an FIR alleging that after a birthday party in 2003, Respondent No. 2, with whom she had been in a relationship, drove her to his home under the pretext of going elsewhere, forcibly took her inside, removed her clothes, beat her with a belt and touched her inappropriately. Respondent No. 2 was initially charged, among other things, under Section 366 IPC (kidnapping/abducting a woman to compel marriage or illicit intercourse), but the Sessions Court discharged him of that charge, and the Bombay High Court upheld the discharge. The appellant (the complainant) challenged that discharge order before the Supreme Court.

Decision Breakdown

The Supreme Court held that mere abduction is not enough to attract Section 366 IPC: the prosecution must show the accused intended to compel the woman into marriage, or to force or seduce her into illicit intercourse, or knew this was likely. Examining the record, the Court found that the allegations of molestation and inappropriate touching were added only at a later stage, while the core, contemporaneously witnessed fact (by a watchman) was only that Respondent No. 2 forcibly took her to his house, not that he intended forced marriage or illicit intercourse, especially since the two were already in a known relationship. The Court agreed with the High Court that the Section 366 charge could not be sustained on these facts and was, at best, an afterthought layered onto what appeared to be a relationship gone wrong. The appeal was dismissed and the discharge upheld, but the Court directed the trial court to conclude the pending trial (on the remaining charges) within six months, clarifying that its observations were limited to the applicability of Section 366 only and that the trial court must decide the rest of the case on its own merits.

Lesson Learnt

A criminal charge under provisions like Section 366 IPC requires proof of the specific intent the statute demands (here, intent to compel marriage or illicit intercourse): forcibly taking someone somewhere, by itself, does not automatically satisfy a charge that requires a further, distinct criminal purpose.

Kavita Chandrakant Lakhani v. The State of Maharashtra – Legal Case Shots | LegalAware