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    Thakorilal D. Vadgama v. State of Gujarat: Case Comment

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    Shreshtha Verma
    The document is a case comment on the Supreme Court case Thakorlal D. Vadgama v. State of Gujarat from 1973. It summarizes the key facts, issue, and judgment of the case. The case involved a 15-year-old girl, Mohini, who ran away from her parents' home and went to live with the appellant, Kishorilal, who she had an inappropriate relationship with. While Kishorilal argued Mohini left on her own accord, the Supreme Court upheld his conviction for kidnapping, finding he had enticed and allured Mohini over time based on his prior actions, influencing her decision to leave home. The case comment analyzes that "

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    Thakorilal D. Vadgama v. State of Gujarat: Case Comment

    Uploaded by

    Shreshtha Verma
    2K views7 pages
    The document is a case comment on the Supreme Court case Thakorlal D. Vadgama v. State of Gujarat from 1973. It summarizes the key facts, issue, and judgment of the case. The case involved a 15-year-old girl, Mohini, who ran away from her parents' home and went to live with the appellant, Kishorilal, who she had an inappropriate relationship with. While Kishorilal argued Mohini left on her own accord, the Supreme Court upheld his conviction for kidnapping, finding he had enticed and allured Mohini over time based on his prior actions, influencing her decision to leave home. The case comment analyzes that "

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    THAKORILAL D. VADGAMA V. STATE OF GUJARAT : CASE COMMENT

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    The document is a case comment on the Supreme Court case Thakorlal D. Vadgama v. State of Gujarat from 1973. It summarizes the key facts, issue, and judgment of the case. The case involved a 15-year-old girl, Mohini, who ran away from her parents' home and went to live with the appellant, Kishorilal, who she had an inappropriate relationship with. While Kishorilal argued Mohini left on her own accord, the Supreme Court upheld his conviction for kidnapping, finding he had enticed and allured Mohini over time based on his prior actions, influencing her decision to leave home. The case comment analyzes that "

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    2K views7 pages

    Thakorilal D. Vadgama v. State of Gujarat: Case Comment

    Uploaded by

    Shreshtha Verma
    The document is a case comment on the Supreme Court case Thakorlal D. Vadgama v. State of Gujarat from 1973. It summarizes the key facts, issue, and judgment of the case. The case involved a 15-year-old girl, Mohini, who ran away from her parents' home and went to live with the appellant, Kishorilal, who she had an inappropriate relationship with. While Kishorilal argued Mohini left on her own accord, the Supreme Court upheld his conviction for kidnapping, finding he had enticed and allured Mohini over time based on his prior actions, influencing her decision to leave home. The case comment analyzes that "

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    DR.

    RAM MANOHAR LOHIA NATIONAL


    LAW UNIVERSITY

    CRIMINAL LAW II
    THAKORILAL D. VADGAMA V. STATE OF GUJARAT : CASE COMMENT
    Submitted to:

    Submitted by:

    Mr. K. A. PANDEY

    SHRESHTHA

    (ASSOCIATE PROFESSOR)

    ROLL NO. 131

    Dr. RMLNLU

    B.A.LL.B(H) 4th sem.

    ACKNOWLEDGMENT
    I owe a great many thanks to a great many people who helped and supported
    me during the making of this project.
    I would like to Mr. K.A. PANDEY SIR for guiding and correcting me during this
    assignment.
    I would like to thank Dr. Ram Manohar Lohiya National Law University for giving
    me this opportunity to work on this project.
    I would also like to thank my family for their endless support throughout the
    making of this project.
    Lastly, I thank my friends for their support, for their help in collecting the
    material and for critically going through the project and correcting the mistakes.

    CITATION
    AIR 1973 SC 2313

    TITLE
    Appellants:

    Thakorlal D. Vadgama
    v.

    Respondent: The State of Gujarat

    COMPOSITION OF BENCH
    2 Judges Bench:- I.D. Dua and K.K. Mathew, JJ

    COUNSELS
    For Appellant:

    R.H. Dhebar and S. K. Dholakia, Advs

    For Respondents:

    R.L. Kohli and S.P. Navar, Advs

    INTRODUCTION
    Even though a minor joins the accused on her own accord, then it doesnt amount to taking but
    accused will still be charge for kidnapping under section 361 and 366, if he had an intention to
    seduce her to engage in illicit intercourse, if there is ample material showing allurement and in
    the influence of that allurement she voluntarily leave the lawful custody.
    FACTS OF THE CASE
    1.

    Kishorilal was an industrialist and had a factory at Bunder Road. Jamnagar for
    manufacturing oil engineer & had residential bungalow adjoining the factory. Liladhar
    Jivraj came to reside temporarily near his factory with his wife Narmada and daughter
    Mohini. They came in contact with Kishorilal. Mohini was 15 year old school going girl.
    On her birthday, Kishorilal gave her very expensive Parker Pen. He took Mohini and
    Jivraj along with his Manager and his daughter on Bombay trip to celebrate Christmas on
    December, 1965. There he had sexual intercourse with Mohini while staying in hotel for
    2 nights. He also used to purchase clothes to Mohini during the trip.

    2.

    Mohini started visiting Kishorilals place on and off. They had sexual intercourse during
    the visit. They again went on a trip to Mahabaleshwar. This time Kishorilals daughter
    Rekha also joined them. Mohinis mother found something fishy between her daughter
    and kishorilals relationship during this trip. After coming back she told about it to
    Mohinis father. He scolded Mohini.. Though Kishorilal alleged that he consider Mohini

    as her daughter by swearing to God.


    3. After all this he again had sexual intercourse with Mohini in her bungalow when she was
    coming back from school. Her parents came to know about this and imposed restriction
    on her. She was not allowed to go to school alone. Mohinis Mother wrote letter to
    Kishorilal not to contact her on September 26, 1966. Apparently, after this letter there
    was no contact between Mohini and the kishorilal in Jamnagar.
    4. Mohini wrote letters to him complaining of ill-treatment by her parents and expressing
    her desire to leave her parent's house. He assured her that he will provide allowance to
    her. On January 16, 1967, Mohini ran away from her parents house and came to
    Kishorilals place. She stayed in his garage. He provided clothes and food and gave her
    250 rs. They had sexual intercourse also.
    5. On 17 January 1967, Police came to Kishorilal bungalow. Mohini ran away from the back
    door and went to road-side where she was found by Police. Mohinis clothes were found
    from his car. Kishorilal charged under Section 361, 366 and 376 of IPC for kidnapping
    and rape.
    LAWS : The principle laws in question in this appeal are, sections 361 & 366 of IPC.
    Section 361: Kidnapping from lawful guardianship.Whoever takes or entices any minor
    under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any
    person of unsound mind, out of the keeping of the lawful guardian of such minor or person of
    unsound mind, without the consent of such guardian, is said to kidnap such minor or person from
    lawful guardianship. Explanation.The words lawful guardian in this section include any
    person lawfully entrusted with the care or custody of such minor or other person.
    Section 366: Whoever kidnaps or abducts any woman with intent that she may be compelled, or
    knowing it to be likely that she will be compelled, to marry any person against her will, or in
    order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she

    will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either
    description for a term which may extend to ten years, and shall also be liable to fine;
    and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority
    or any other method of compulsion, induces any woman to go from any place with intent that she
    may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with
    another person shall also be punishable as aforesaid.

    ISSUE
    The main issue in this case was that can the appellant plead innocence against the charge of
    kidnapping since there was no immediate taking by him, respondent left her lawful custody on
    her own accord?
    JUDGEMENT
    Trial court convicted Kishorilal for both rape and kidnapping. Gujarat High Court acquitted him
    against the offence of rape but convicted him for kidnapping. He filed an appeal in Supreme
    Court against the order of High court. Apex Court upheld the decision of High court by saying
    that guilty party laid foundation by inducement, allurement or threat and if it has influenced
    minor or weighed with her in leaving her guardian's custody or keeping or going to guilty party
    then prima facie difficult for him to plead for innocence. By Holding the accused liable under
    section 366, the Supreme Court saisd that the mere circumstances that his act was not imidiate
    cause of her leaving her guardians custody would constitute no valid defence and would not
    absolve him fro the offence of kidnapping. The question truly falls for determination on the facts
    and circumstances of each case.
    ample material showing earlier allurements and even of the appellant's participation in
    the formation of Mohini's intention and resolve to leave her father's house. The appellant's
    conviction must, therefore, be upheld.1
    CASE COMMENT
    1 Thakorilal D. Vadgama v. State of Gujarat, A.I.R.1973S.C.2313.

    Supreme Court had rightly decided the case by upholding the decision of Gujarat High court and
    convicting the appellant under section 366 of IPC. Section 361 uses the expression whoever
    takes or entices any minor. The word takes no doubt, means physical taking but not
    necessarily by use of force or fraud. The word entice seems to involve the idea of inducement
    or allurement by giving rise to hope or desire in the mind of other. This may work immediately
    or it may create a continuous and gradual but imperceptible impression culminating after some
    time in achieving its ultimate purposes of successful inducement.
    Taking or enticing away a minor out of keeping of a lawful guardianship is an essential
    ingredient of the offence of kidnapping. The two word read together suggest that if a minor
    leaves her parental home, completely uninfluenced by any promise, offer or inducement
    emanating from the guilty party, then the latter cannot be considered to have committed the
    offence of kidnapping.2
    In the present case, appellant made the argument that Mohini left her parental home on her own
    accord, he did not take neither he induce her to left her home and come to his place. His only
    mistake was that he gave her 250 rs and provided food and shelter. Court by rejecting this
    argument rightly pointed out that if the guilty party has laid down a foundation by inducement,
    allurement and this act have influenced the minor to leave her guardians custody or keeping or
    going to the guilty party, then prima facie it would be difficult for him to plead innocence on the
    ground that the minor had voluntarily come to him.
    What appellant had done on the several occasions was enticement. He showered the girl by gift,
    taking her to trips. The girl was immature and not in position to understand all this. It is obvious
    that she would not be happy by the scolding and restrictions imposed on her. When she told this
    to the appellant, he allured her and gave her hope that he will take care of her and provide her
    alimony. Appellant extended certain promises which leave certain marks on girls child and lead
    her to ran away. It is not necessary that lurement offered immediately before crime. The appeant
    had at earlier stage solicited or induced her in a way that he will provide her shelter. So there was
    no taking by the appellant but there was enticement which made the appellant punishable under
    section 361 & 366 of IPC.
    2 S. Varadarajan v. State of Madras, A.I.R. 1965 S.C. 942.

    REFERENCES
    1. Indian Penal Code (45 of 1860)
    2. Criminal Law: Cases and Materials by KD Gaur
    3. http://www.manupatrafast.com/

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