S. VARADARAJAN versus STATE OF MADRAS

Citation: [1965] 1 S.C.R. 243 · Decided: 09-09-1964 · Supreme Court of India · Bench: K. SUBBA RAO · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

I
A 
B 
S. VARADARA.JAN 
v. 
STATE OF MADRAS 
September 9, 1964 
243 
(K. ,SUBBA RAO, M. HIDAYATULLAH AND J, R; MUDHOLKAR JJ.) 
Indian Penal Code (Act XLV of 1860), s, 361--'."Take out of keeping 
of the lawful guardian", meaning of. 
Where a minor girl, alleged to be taken away by the accused person, 
had left her father's protection knowing and having capacity to know the 
full import of what she was doing and voluntarily joined the accused, it 
could not be said that the accused had taken her away from the keeping 
C 
of her lawful guardian within the meaning of s, 361 of the Indian Penal 
Code (Act XLV of 1860). Something more had to be done in a case of 
that kind, such ~s an inducement held out by the accused person or an 
active participation by him in the formation of the intention, either imme-
diately prior to the minor leaving her father's protection or at some earlier 
stage. If the evidence failed to establish one of these things, the accused 
would not be guilty of the offence merely because after she had actually 
left her guardian's house or a house where her guardian had kept her she · 
joined the accused, and the accused helped her in her design not to return 
to her guardian's house by taking her along with him from place to place. 
D 
E 
F 
G 
H 
[2488-E]. 
Case Jaw reviewed. 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No .. 
46 of 1963. 
Appeal by special leave from the 'judgment and ·order dated 
March 22, 1963, of the Madras High Court in Criminal Appeal 
No. 114 of 1961. 
A. V. Vi.nvanatha Sastry, K. Jayaram and R. Ganapathy Iyer, 
for the appellant. 
A. Ranganadham Chetty and A. V. Rangam, for the respon-
dent. 
The Judgment of the Court was delivered by 
Mudholkar J. 
This is an appeal by special leave from the 
judgment of the High Court of Madras affirmi.,g the conviction·. 
of the appellant under s. 3 63 of the Indian Penal Code and sen-
tence of rigorous imprisonment for one year awarded by the· 
Fifth Presidency Magistrate, Egmore, Madras. 
Savitri, P.W. 4, is the third daughter of S. Natarajan, P.W. 1, 
who is an Assistant Secretary to the Government of Madras in the 
Department of Industries and Co-operation. At the relevant time, 
ae was living on 6th Street, Lake Area, Nungumbakkam, along with 
his wife and two daughters, Rama, P.W. 2 and Savitri, P.W. 4. The 
former is older than the latter and was studyin)! in the 'Madr~s. 
244 
SUPREME COURT REPORTS 
I 1965] 1 s.c.it. 
Medical College while the !alter was a student of the second year 
A 
B.Sc. class in Ethiraj College. 
A few months before September 30, 1960 Savitri became 
friendly with the appellant Varadarajan who was residing in a house 
next door to that of S. Natarajan. The appellant and Savitri used 
to carry on conversation with each other from their respective 
houses. On September 30, 1960 Rama found them talking to each 
other in this manner at about 9.00 A.M. and had also seen her 
talking like this on some previous occasions. That day she asked 
Savitri why she was talking with the appellant. Savitri replied sayin~ 
that she wanted tci marry tlic appellant. 
Savitri's intention was 
communicated by Rama to their father when he returned home al 
about I 1.00 A.M. on that day. Thereupon Natarajan questioned 
her. Upon being questioned Savitri started weeping but did not 
utter a wcrd. The same day Natarajan took Savitri to Kodambak-
kam and left her at the house of a relative of his. K. Natarajan. 
P.W. 6, the idea being that she should be kept as far away fr.om 
the appellant as possible for some time. 
On the next day, i.e .. on October l, 1960 Savitri left the house 
of K. Natarajan at about 10.00 A.M. and telephoned to the appel-
lant asking him to meet her on a certain road in that area and then 
went to that road herself. By the time she got there the appellant 
had arrived there in his car. She got into it and both of them then 
went to the house of one P. T. Sarni at Mylapore with a view to take 
that person along with them to the Registrar's office to witness their 
marriage. After picking up Sarni they went to the shop of Govinda-
rajulu Naidu in Netaji Subhas Chandra Bose Road and the appel-
lant purchased two gundus and Tlrumangalyam which were selected 
by Savitri ·and then proceeded to the Registrar's office. Thereafter 
the agreement to marry entered into between the appellant and 
Savitri, which was apparently written there, was got registered. 
Thereafter the appellant asked her to wear the artic

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