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The Empress Vs. Sreenath Banerjee and anr. - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1883)ILR9Cal221
AppellantThe Empress
RespondentSreenath Banerjee and anr.
wrongful confinement - penal code (act xlv of 1860), section 346. - their.....

McDonell, J.

1. In this case the prisoners were convicted of offences under Sections 201 and 346 of the Penal Code. On appeal, the Sessions Judge properly acquitted them of any offence under Section 201, but upheld the conviction under the latter section. We are of opinion that the conviction 'cannot be sustained. To render a person liable under Section 346, it must be shown that the wrongful confinement was of such a nature as to indicate an intention that the person confined should not be discovered. In the present case it is clear that the element is wanting.

2. Again, it appears to us that the complainant was not at all in wrongful confinement. The Judge himself says that she was induced, not forced; and that her confinement was not actual, but, as he calls it, potential. This is not sufficient. We, therefore, set aside the conviction and sentence, and acquitting the prisoners direct their release.

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