Parmananda Pegu v. State of Assam
Bench: Division Bench — 2 Judges (Ruma Pal & P.K. Balasubramanyan JJ)
Parties
Facts of the Case
The accused lured a minor girl (below 18 years) away from her lawful guardianship with the intent to cause her to be used for illicit intercourse. He was charged under Section 366A IPC (procuration of a minor girl for illicit intercourse) as well as Section 376 IPC (rape). The defence argued that the offences under Sections 366A and 376 IPC could not be tried together as they constituted separate transactions. The Supreme Court examined the relationship between these two offences and the evidence required to sustain convictions.
Legal Issues Before the Court
- 1What are the ingredients of Section 366A IPC — procuration of a minor girl?
- 2Can Section 366A and Section 376 IPC offences arising from the same facts be tried together as a continuous transaction?
- 3What is the evidentiary standard for proving procuration and rape in cases involving minor victims?
The Judgment
The Supreme Court held that: (1) Section 366A IPC criminalises the inducement or procurement of a minor girl (below 18) from lawful guardianship with the intent or knowledge that she will be seduced to illicit intercourse — the offence is complete upon procurement, regardless of whether intercourse actually occurs; (2) where procurement is immediately followed by rape, the two offences form a continuous transaction and may be tried together under a single charge or consecutive charges; (3) in cases involving minor victims, courts must apply a child-sensitive approach to evaluating evidence — minor inconsistencies in the victim's testimony are understandable and must not be used to discredit the core account; (4) convictions under both Sections 366A and 376 can be maintained on the same facts.
Key Principles Laid Down
SECTION 366A — COMPLETE ON PROCUREMENT: The offence under Section 366A IPC (now BNS Section 98) is complete when the accused induces or procures a minor girl from lawful guardianship with intent that she will be used for illicit intercourse. Actual commission of intercourse is not required for the offence under 366A to be complete.
CONTINUOUS TRANSACTION — 366A AND 376: Where procurement of a minor girl is followed immediately by rape, the two offences — Section 366A and Section 376 — form part of a continuous transaction. Both charges can be sustained and sentences can be made to run concurrently or consecutively depending on the circumstances.
CHILD VICTIM — SENSITIVE EVIDENTIARY APPROACH: Courts must apply a child-sensitive evidentiary standard — minor inconsistencies in a child's testimony arising from age, trauma, or the lapse of time must not be used to discredit the core narrative. The child's evidence, if credible on the essential facts, is sufficient for conviction.
GUARDIANSHIP — BROAD MEANING: 'Lawful guardianship' in Section 366A is broadly construed — it includes parents, relatives, or any person in whose lawful care and custody the minor resides. Inducing the girl to leave home constitutes procurement.
Impact on Indian Law
Parmananda Pegu (2004) is the leading authority on Section 366A IPC (now BNS Section 98) — procuration of a minor girl for illicit intercourse. It is cited in all cases combining trafficking, abduction, and sexual assault of minors. The child-sensitive evidentiary approach from this case has been reinforced by the POCSO Act (2012) and subsequent Supreme Court decisions on child witness credibility.
Frequently Asked Questions
What is Section 366A IPC and when is it complete?
Section 366A IPC (now BNS Section 98) punishes the procurement of a minor girl (below 18 years) from lawful guardianship with the intent or knowledge that she will be used for illicit intercourse. Parmananda Pegu (2004) held that the offence is complete upon procurement — actual intercourse is not required. Where procurement is followed by rape, both Section 366A and Section 376 IPC charges can be sustained as part of a continuous transaction.