Dismissed¶37

Devki Alias Kala v. the State of Haryana

Supreme Court24 Jul 19791979 INSC 124 · [1980] 1 S.C.R. 911979 INSC 124

Case brief

AI extract

What is this about?

Devki alias Kala v. State of Haryana, Petition for Special Leave to Appeal (Criminal) No. 1839 of 1979, decided 24-07-1979 (Krishna Iyer, J.): plea for probation under the Probation of Offenders Act, 1958 refused to a trafficker whose conviction under S. 366 IPC was confirmed (S. 368 conviction set aside by the Punjab and Haryana High Court); sentencing of anti-social specialist criminals; abduction and sale of a minor girl; petition dismissed.

What did the court decide?

Extending the considerate provisions of the Probation of Offenders Act to anti-social specialist criminals such as the petitioner, who with expertise abducted, seduced and sold a young woman for immoral purposes, is an insulting stultification of the amelioratory legislation; the plea for probation is rejected with indignation. ¶34

Devki Alias Kala versus the State of Haryana — Supreme Court (1980) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, convicted of abducting, seducing and selling a 17-year-old girl and sentenced to three years' rigorous imprisonment, should be released on probation under the Probation of Offenders Act, 1958 instead of undergoing the sentence.

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Court's answer

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Ratio / Principle

The special leave petition is dismissed; the plea for release on probation fails and the sentence stands.

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Key takeaways

An appeal is made to the State Governments of Bihar and Haryana to put special squads on the trail of such offenders so that the streets of towns and cities may be safe after sunset for Indian womanhood.obiter¶34

Detailed headnote1 paragraphs

Devki alias Kala v. The State of Haryana (Supreme Court of India, July 24, 1979; Krishna Iyer, J., with D. A. Desai and A. D. Koshal, JJ.) — Special leave petition dismissed. The petitioner, convicted under Sections 366 and 368 Penal Code to three years' rigorous imprisonment on each count for abducting, seducing and selling a 17-year-old girl (the High Court in Crl. Appeal No. 329/75, order dated 19-1-1973, having confirmed the S. 366 conviction and set aside the S. 368 conviction), sought release on probation under the Probation of Offenders Act, 1958 (Act XX of 1958). Held: extending the Act's considerate provisions to such anti-social 'specialist criminals' is an insulting stultification of the amelioratory legislation; the plea was rejected with indignation. The Court further appealed to the Governments of Bihar and Haryana to mount special squads against the trade in female flesh so that streets may be safe after sunset.

)

DEVKI ALIAS KALA

THE STATE OF HARYANA

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July 24, 1979

[V. R. KRISHNA IYER, D. A. DESAI AND A. D. KosHAL, JJ.]

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Sentencing process-Plea for an order -to release anti-social specialist crimi· 1 n.11ls on probation under the Probation of Offenders Act, 1958 (Act XX of 1958) is an insulting stultification of the amelioratory legislation.

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The petitioner was convicted and sentenced under Sections 366 and 368 f>enal Code to three years' rigorous imprisonment on each count for the offences o"f abduction, seduction and sale of girls to others. In appeal, the High Court confirmed the said order of conviction under Section 366 l.P .C. but set aside .the convicticn under Section 368 -ibid.

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Dismissing the special lea.ve petition, the Court

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I-TELD : It is .an insulting stultification of the amelioratory legislation viz. "Probation of Offenders Act to extend its considerate provisions to such a:ati-social ·"Specialist criniinals, as in this case, "''here the petitioner an abominable culprit with sufficient expertise in the art of abduction seduction and sale of girls, descended in a taxi cab, kidnapped the1 young woman and \'hen she cried out adn1inistered 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 Ddhi to Ha·ryana and lodged her in a house for obvious immoral purpose&.

[82C-EJ

CRIMINAL APPELLATE JURISDICTION : Petition for Special Leave to Appeal (Criminal) No. 1839 of 1979.

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Aprea! by Special Leave from the Judgment and Order dated 19-1-1973 of the Punjab and Haryana High Court in Crinlin•! Appeal No. 329/75.

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J. P. Goyal and S. K. Jain for the Petitioner.

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The Order of the Court was deliver~d by

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';.

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KRISHNA IYER, J. Parvati, an unsophisticated girl of 17 was wehding 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 unconscionsness, removed to Dhanbad and further on, to destination Haryana. Tragically, where tourists abouncj, satellite industries in female flesh ilourish, 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 affiuent lecherous youths. The damsel

[1970] 1 s.c.R_

SUPREME COURT REPORTS

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A in distress desperately escaped through a half-ajar door and eventnally l~uded 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.

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6 Confronted by concurrent findings of guilt, counsel for the petitioner gave up his attack on the conviction and concentrated his fire o:i the sentence, which, in this case, was three years' rigorous imprisonment. For what ? For abducting a teenage girl and forcing her intosexual submission with commercial object, a racket which has become an enormous national menace, notwithstanding the constitutional conc cern 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 D the potion which rendered her unconscious. Furthermore, a well laidout 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 E 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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S.R.

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Petition dismissed.

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• l._

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