Prior inducement of a minor can establish kidnapping for illicit intercourse under Section 366 even without physical force.

Prior inducement or allurement that materially influences a minor to leave the lawful guardian's keeping can satisfy Section 366 of the Indian Penal Code, even if the minor later appears to act voluntarily and no physical force is used. The minor's consent is immaterial in kidnapping from lawful guardianship, and earlier persuasion, encouragement, gifts, correspondence, and repeated contact may show that the accused helped form the intention to leave home for illicit intercourse. On the facts found, the Supreme Court found Section 366 proved and saw no cogent ground to interfere with the concurrent findings of fact.

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Issues: Whether the appellant had taken or enticed the minor girl out of the keeping of her lawful guardian with intent that she might be seduced to illicit intercourse so as to attract Section 366 of the Indian Penal Code, 1860, and whether the conviction called for interference under Article 136 of the Constitution of India.

Analysis: The evidence of prior intimacy, repeated trips, gifts, correspondence, and the appellant's earlier conduct provided the background for the girl's leaving her parental home. The Court accepted that the minor had not gone to the appellant entirely uninfluenced by his earlier persuasion and allurement. It held that for the purpose of kidnapping from lawful guardianship, the minor's consent is immaterial and that actual physical force is not necessary where inducement or encouragement has operated on the mind of the minor. The Court further held that the facts established earlier solicitation and participation in forming the minor's intention to leave her guardian's custody, bringing the case within the scope of Section 366. No cogent ground was shown for disturbing the concurrent findings of fact.

Conclusion: The conviction under Section 366 of the Indian Penal Code, 1860 was upheld and the prayer for interference was rejected.

Ratio Decidendi: Where the accused, by prior inducement or allurement, has materially influenced a minor to leave the lawful guardian's keeping with intent to facilitate illicit intercourse, the offence under Section 366 is made out even if the minor later acts voluntarily in appearance and even without physical force.

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