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In Re: Periasawmi Kangani Vs.   - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.503
AppellantIn Re: Periasawmi Kangani
RespondentAndnbsp;
Excerpt:
penal code (act xlv of 1860), section 363 - kidnapping from british, india--consent of person kidnapped obtained by false representations. - 1. there is evidence sufficient to prove that the appellant was guilty of kidnapping from british india. the women were taken to ceylon to work as coolies on tea estates and were induced to go by a misrepresentation that they were to be married to the sons of the 1st accused; they were, therefore, taken without their consent within the meaning of the penal code. there is, however, nothing in the evidence to show that the accused intended that they should be subjected to a state of slavery. the conviction under section 367 will be altered to a conviction under section 363 and the other conviction and the sentence will stand.
Judgment:

1. There is evidence sufficient to prove that the appellant was guilty of kidnapping from British India. The women were taken to Ceylon to work as coolies on tea estates and were induced to go by a misrepresentation that they were to be married to the sons of the 1st accused; they were, therefore, taken without their consent within the meaning of the Penal Code. There is, however, nothing in the evidence to show that the accused intended that they should be subjected to a state of slavery. The conviction under Section 367 will be altered to a conviction under Section 363 and the other conviction and the sentence will stand.


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