R. v. Abdu Crim. Rev. 24-D-71; 2/4/71; Georges C. J.

R. v. Abdu Crim. Rev.  24-D-71; 2/4/71; Georges C. J.

The accused was convicted of abduction of a girl under sixteen years contrary to section 134 of the Penal Code and sentenced to 12 months imprisonment. The relevant portion of the girl’s evidence was as follows: “I met a man on the road and fall in love with me. He is in court as an accused person. I fell in love with him little bit. I accompanied him to his house. He asked me to stay with him as his wife.

I stayed for 24 days. I was staying inside his room. My relatives were not aware of my whereabouts. We fell in love with each other on that day at first sight. He did not know where my mother was keeping. Finally he was discovered and caught by my mother”.

            Held: (1) “What the trial Magistrate does not appear to have considered was whether or not some specific intent was to be established as well and whether there was evidence in this case to do so. I Archbold, 37th Ed. pp. 2938 the following statement appears: “If the prisoner at he time when he took the girl away did not know and had no reason to know that she was under the lawful care or chare of a father, mother or some other person, he is not guilty of this offence”. (2) “A guilty intent has to be proved. It is not enough to show that the accused did in fact keep the girl away from her parents. The prosecution must also show that he intended to do this. The trial magistrate does not deal with this aspect of the matter in his judgment. If the trial magistrate had considered this aspect of the matter the trial magistrate had considered this aspect of the matter he might very well have concluded that it had not been satisfactorily proved that the accused person knew or had reason to know that (the girl) was under the lawful care of a father or mother.” (3) Conviction and sentence set aside.