1[366B. Importation of girl from foreign country.—Whoever imports into 2[India] from any country outside India 3[or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, 4[***] shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Age of the prosecutrix
(i) Where the age of prosecutrix was 14 years at the time of incident not proved while test report suggested her age about 40 years and further she had willingly gone with accused without making complaints to any body on way thus no offence is made out and as such conviction is liable to set aside; Shakeel alias Pappoo v. State of Uttar Pradesh, 2000 Cr LJ 153 (All).
(ii) Consent of a minor prosecutrix does not matter if she was taken to separate places for making sexual intercourse away from her lawful guardians, her name as different in FIR does not matter as it was her pet name, under such circumstances accused is guilty of kidnapping and raping a minor for days long; Mohandas Suryavanshi v. State of Madhya Pradesh, 1999 Cr LJ 3451 (MP).
1. Ins. by Act 20 of 1923, sec. 3.
2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.
3. Ins. by Act 3 of 1951, sec. 3 and Sch.
4. Certain words omitted by Act 3 of 1951, sec. 3 and Sch.