Emperor v Bhagchand Jasraj Marwadi
Author : Shruti Kumari
CITATIONS: (1934) 36 BOMLR 379
BENCH: Justice J. Beaumont and Justice K.T, Barlee
In this case of Emperor v Bhagchand Jasraj Marwadi, appeal has been filed in the Hon’ble Bombay High Court against the judgment of the learned Additional Sessions Judge of Poona by the Accused.
In this case accused No. 1 along with accused No. 2 was charged with the offence punishable under Section 373 of Indian Penal Code. Both accused were allegedly in possession of a girl under eighteen years of age with intent that she would be used for the purpose of illicit intercourse.
Then, the Additional sessions Judge of Poona has convicted them for the offence punishable under Section 373 of Indian Penal Code. Against this conviction accused has filed an appeal in the hon’ble Bombay High Court.
ISSUES & FACT OF LAW:
Whether the Conviction of the accused punishable under Section 373, IPC by the Additional Sessions Judge, Poona is valid?
Hon’ble Bombay High Court held that it is often a man enjoying sexual intercourse with a woman possesses her but that possession within Section 373 means something more than that.
And also observed that the learned additional sessions has drawn the attention to the evidences, which clearly shows that the girl had been in complete control of the accused for a week. Hence, appeal is dismissed.