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TMI Blog1934 (1) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... s Judge of Poona sitting with a jury under Section 373, Indian Penal Code. Accused No. 1, along with Bapu accused No. 2, was charged in substance with obtaining possession of a girl under eighteen years of age with intent that she should be used for the purpose of illicit intercourse. 2. Two questions arise for consideration in this case upon the construction of Section 373. First, what is posses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that possession need not be obtained from a third party. It is said that Sections 372 and 373 must be read together, and that so read there is a limit upon the expression "obtaining possession" in the latter section. Section 372 imposes a penalty on anyone who sells, lets to hire, or otherwise disposes of any minor under the age of eighteen, whilst Section 373 imposes a penalty on anyon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ception need be taken, but Chief Justice Scotland and Mr. Justice Holloway expressed the view that to bring a case within Section 373, possession must be obtained from a third party, I am not prepared to accept that view. No doubt in construing Section 373 we must have regard to the preceding section, but that does not justify a departure from the plain words of Section 373. I can see no reason wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l intercourse. No doubt it is often said that a man enjoying sexual intercourse with a woman possesses her, but I think that possession within Section 373 means something more than that. It denotes definite control over the person of whom possession is obtained. Mr. Justice Innes in Dowlath Bee v. Shaik Ali took the view that possession in Section 373 indicates possession with a power of disposal, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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