RAMESH versus THE STATE OF MAHARASHTRA

RAMESH versus THE STATE OF MAHARASHTRA

A person who merely accompanies or assists a minor prostitute in her profession, without inducing or forcing her to submit to illicit intercourse, does not abet the commission of an offence under s.366A IPC. Seduction requires overcoming reluctance; assisting a habitual prostitute lacks that element.

Source-derived case information.

Parties
Appellant: Ramesh Amin; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
24 July 1962
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Conviction Under S.366 a Read With S.109 Ipc, From Bombay High Court
Outcome
Appeal allowed; conviction and sentence set aside, appellant acquitted.
Legal Topics
Abetment, Procuration, Seduction, Prostitution, Minor's Protection
Criminal Law Abetment Procuration Seduction Prostitution Minor's Protection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ramesh Amin

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Conviction Under S.366 a Read With S.109 Ipc, From Bombay High Court

Legal Issues

  1. 1 Whether accompanying or assisting a minor prostitute amounts to abetment of offence under s.366A IPC
  2. 2 Interpretation of 'seduction' and 'inducement' under s.366A IPC

Ratio Decidendi

A person who merely accompanies or assists a minor prostitute in her profession, without inducing or forcing her to submit to illicit intercourse, does not abet the commission of an offence under s.366A IPC. Seduction requires overcoming reluctance; assisting a habitual prostitute lacks that element.

Court Disposition

Appeal allowed; conviction and sentence set aside, appellant acquitted.

Orders

  • The conviction of the appellant under s.366A read with s.109 IPC is set aside.
  • The appellant is acquitted.