Devki Alias Kala Vs. The State of
Haryana  INSC 124 (24 July 1979)
CITATION: 1979 AIR 1948 1980 SCR (1) 21 1979
SCC (3) 760
Sentencing process-Plea for an order to
release anti- social specialist criminals on probation under the Probation of
Offenders Act, 1958 (Act XX of 1958) is an insulting stultification of the
The petitioner was convicted and sentenced
under Sections 366 and 368 Penal code to three years' rigorous imprisonment on
each count for the offences of abduction, seduction and sale of girls to
others. In appeal, the High Court confirmed the said order of conviction under
Section 366 I.P.C. but set aside the conviction under Section 368 ibid.
Dismissing the special leave petition, the
HELD: It is an insulting stultification of
the amelioratory legislation viz. Probation of Offenders Act to extend its considerate
provisions to such anti-social specialist criminals, as in this case, where the
petitioner an abominable culprit with sufficient expertise in the art of
abduction seduction and sale of girls, descended in a taxi cab, kidnapped the
young woman and when she cried out administered the potion which rendered her
unconscious and by a well-laid out plan took her from the small town in Bihar
to Dhanbad and from there, via Delhi to Haryana and lodged her in a house for
obvious immoral purposes.[82C-E]
CRIMINAL APPELLATE JURISDICTION : Petition
for Special Leave to Appeal (Criminal) No. 1839 of 1979.
Appeal by Special Leave from the Judgment and
Order dated 19-1-1973 of the Punjab and Haryana High Court in Criminal Appeal
J. P. Goyal and S. K. Jain for the
The Order of the Court was delivered by
KRISHNA IYER, J. Parvati, an unsophisticated girl of 17 was wending her way
home at about sunset along a public street in the artless town of Sitalpur in
Bihar when Smt.
Devki, the petitioner before us, with
diabolic design, swooped down and snatched her into a taxi-cab and blized away.
The weeping victim was medicated into unconsciousness, removed to Dhanbad and
further on, to destination Haryana.
Tragically, where tourists abound, satellite
industries in female flesh flourish, unless the State crusades with militant
zeal to stamp out this terrible vice. Anyway, Parvati, by now enslaved in a
village villa. was offered for marital sale to affluent lecherous youths. The
damsel 92 in distress desperately escaped through a half-ajar door and
eventually landed in a police station. The police investigation unravelled the
pathetic story and ended up in a case, conviction, appeal, confirmation and,
finally, in this special leave petition to this Court which is the last refuge
of every vanquished litigant.
Confronted by concurrent findings of guilt,
counsel for the petitioner gave up his attack on the conviction and
concentrated his fire on the sentence, which, in this case, was three years'
rigorous imprisonment. For what ? For abducting a teenage girl and forcing her
into sexual submission with commercial object, a racket which has become an
enormous national menace, notwithstanding the constitutional concern for the
weaker sex. Counsel dared to urge that the Probation of Offenders Act should be
extended to this abominable culprit who had shown sufficient expertise in the
art of abduction, seduction and sale of girls to others who offer a tempting
price. The features of this case show that the petitioner suddenly descended in
a taxi-cab and kidnapped the young woman, and when she cried out, administered
the potion which rendered her unconscious.
Furthermore, a well layout plan is discernible
when we see the geographical spread of the crime. From a small town in Bihar,
the girl is despatched to Dhanbad and from there, via Delhi, to Haryana, lodged
in a house where young men were asked to view her for obvious immoral purposes.
It is an insulting stultification of the amelioratory legislation viz. Probation
of Offenders Act to extend its considerate provisions to such anti-social,
specialist criminals. All that we can do is to reject the plea with indignation
and follow it up with an appeal to the State Governments of Bihar and of
Haryana to put a special squad on the trail and hound out every such offender
so that the streets of our towns and cities may be sanitized and safe after
sunset for Indian womanhood. Dismissed.
S.R. Petition dismissed.