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AMICUS AI
Citation Codes
Neutral Citations
1979 INSC 124
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Probation of Offenders Act
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Cites
Cited by
Citation Codes
Neutral Citations
1979 INSC 124
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Probation of Offenders Act
Smart Summary

Factual and Procedural Background

The opinion describes the abduction of Parvati, a 17-year-old girl, from a public street in Sitalpur (Bihar) around sunset. The petitioner, Smt Devki, allegedly seized her into a taxi, drugged her into unconsciousness, and transported her first to Dhanbad and then onward to Haryana. The victim was kept in a house where she was presented to young men for “obvious immoral purposes” and described as being offered for “marital sale.” Parvati escaped and reached a police station, leading to investigation and prosecution.

The matter proceeded through a “case, conviction, appeal, confirmation” and ultimately came before the Supreme Court by way of a special leave petition.

Legal Issues Presented

  1. Whether, despite concurrent findings of guilt, the petitioner was entitled to the benefit of the Probation of Offenders Act in substitution of (or mitigation from) a sentence of three years’ rigorous imprisonment.

Arguments of the Parties

Petitioner's Arguments

  • The petitioner abandoned the challenge to conviction in view of concurrent findings of guilt and instead sought reduction/alteration of sentence.
  • Counsel urged that the Probation of Offenders Act should be applied to the petitioner.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court rejected the request to extend probationary relief, treating it as incompatible with the nature and seriousness of the conduct found proved. It emphasized that the sentence (three years’ rigorous imprisonment) was imposed for abducting a teenage girl and forcing her into sexual submission with a commercial object, described as a national menace implicating constitutional concern for protecting women.

On the facts, the Court noted features indicating deliberate planning and professional criminality: the sudden abduction using a taxi, administration of a substance to render the victim unconscious when she cried out, and the multi-state transportation route (from Bihar to Dhanbad, via Delhi, to Haryana). The victim was then kept at a location where young men were invited to “view her” for immoral purposes. In the Court’s view, applying the Probation of Offenders Act to such “anti-social, specialist criminals” would be an “insulting stultification” of that ameliorative legislation.

The Court also appended an appeal to the State Governments of Bihar and Haryana to deploy a special squad to trace and suppress such offenders to ensure public safety for women after sunset.

Holding and Implications

DISMISSED: The special leave petition was dismissed, and the plea to extend the benefit of the Probation of Offenders Act (and thereby mitigate the sentence) was rejected.

The direct effect is that the sentence of three years’ rigorous imprisonment stood undisturbed. The opinion additionally urged executive action by the States of Bihar and Haryana to pursue and eliminate similar offences; it did not cite or establish any new precedent within the text provided.

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    Smt Devki Alias Kala v. State Of Haryana .

    1. 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 (sic) 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 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.

    2. 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 laid-out 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.

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    Comments

    Smt Devki Alias Kala v. State Of Haryana .
    (Jul 24, 1979)