Case Note & Summary
The case involves an appeal against the conviction of nine accused persons for offences under Sections 363, 366, 384 read with 34 of the Indian Penal Code (IPC) and Section 5 of the Child Marriage Restraint Act, 1929. The prosecution alleged that in 1994, the victim Deepa Madhukar Patil, a minor girl below 18 years, was friendly with Madhukar Patil, also a minor. The accused, residents of the same village, disapproved of their meetings and, after the mothers refused to get them married, took Deepa from her mother's lawful custody to compel her to marry Madhukar against her will. They also threatened the mothers that they would be removed from the village and extorted Rs.750 each. The trial court convicted the accused, sentencing them to various terms of imprisonment and fines. On appeal, the High Court examined the evidence, including the testimony of the victim and her mother, and found it credible and corroborated by medical evidence. The court held that the ingredients of kidnapping, extortion, and child marriage were proved beyond reasonable doubt. The appeal was dismissed, and the convictions were upheld, except for the abatement of the appeal against deceased accused No.9.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Minor Girl - The accused took away a minor girl from lawful guardianship to compel her marriage against her will - Held that the prosecution proved the ingredients of kidnapping as the victim was below 18 years and taken without consent of guardian (Paras 2-10). B) Criminal Law - Extortion - Section 384 IPC - Threat of Removal from Village - The accused threatened the mothers of the minor couple that they would be removed from the village and extorted Rs.750 each - Held that such threat amounts to criminal intimidation and extortion under Section 384 IPC (Paras 2-10). C) Family Law - Child Marriage - Section 5 of Child Marriage Restraint Act, 1929 - Performance of Marriage of Minors - The accused performed the marriage of a minor girl aged 16-17 years with a minor boy - Held that the marriage was illegal and the accused were rightly convicted under Section 5 of the Act (Paras 2-10). D) Evidence Law - Credibility of Witnesses - Interested Witnesses - The prosecution relied on the evidence of the victim and her mother, who were interested witnesses - Held that their testimony was credible and corroborated by medical evidence and other circumstances, hence conviction sustainable (Paras 11-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 363, 366, 384 read with 34 IPC and Section 5 of the Child Marriage Restraint Act, 1929 is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellants under Sections 363, 366, 384 read with 34 IPC and Section 5 of the Child Marriage Restraint Act, 1929 are upheld. The appeal against accused No.9 abates due to his death.
Law Points
- Child marriage is illegal even if customary
- consent of minor irrelevant
- common intention under Section 34 IPC applies
- extortion by threat of removal from village constitutes criminal intimidation
- prosecution witnesses need not be independent if testimony is credible
