SHACHEENDRA DWIVEDI, J. ( 1 ) THE petitioner has preferred his application under Section 439 Cr. P. C. for this release on bail in the offence registered against him and other co-accused persons under Section 366, 368 376134 I. P. C. ( 2 ) ACCORDING to prosecution version, the prosecutrix, a Bengali lady named Meena Rai, along with her husband Shankar and the male child has reached Ramapur in Search of work. Her husband for a while went to market for buying some medicine, leaving the prosecutrix Meena along with her male child at the bus stand, from where they were abducted by Mahtab Gujar and Giriraj Pandit, the two co-accused persons and was taken to village Sabalgarh. There they committed rape on her. Later, Mahtab Gujar and Giriraj Pandit sold away the prosecutrix to the applicant for Rs. 11,000/ -. The complainant husband on his return did not get his wife and the son. He had been searching for his wife and the son and when ultimately he succeeded in tracing them, the applicant demanded Rs. 6,000/- from the complainant for returning his wife. ( 3 ) SHRI Pateriya, appearing for the applicant, submits that two co-accused persons, Giriraaj Pandit and Shankar Gujar whose role in more grave and active in the commission of offence, have been allowed bail. Therefore, the applicant also deserves the benefit. ( 4 ) I am not convinced by the argument advanced. The two co-accused have been released on bail by the Trial Court. As the Trial Court has allowed bail to them, that can not be agitated as a ground before this Court for seeking bail to the accused-applicant. ( 5 ) FROM the prosecution version, it appears that the prosecutrix was treated as a chattel as subject of sale and purchase. The applicant as per the prosecution allegations had purchased her for Rs. 11,000/- and had demanded a repayment of Rs. 6,000/- from her husband i. e. the complainant, as if a second hand material was being sold.
( 5 ) FROM the prosecution version, it appears that the prosecutrix was treated as a chattel as subject of sale and purchase. The applicant as per the prosecution allegations had purchased her for Rs. 11,000/- and had demanded a repayment of Rs. 6,000/- from her husband i. e. the complainant, as if a second hand material was being sold. At the fag end of 20th century, such treatment with the ladies is really lamentable and shameful for a civilised society particularly the one which has respected the ladies for centuries with a message to the entire world that; ( 6 ) SHRI Pateriya then submitted that in the Indian Penal Code, there is no provision which may prohibit the sale and purchase of ladies. I am really shocked at the approach adopted and the contention advanced by a Counsel of standing. However, Section 370 of the I. P. C. makes the act of buying or disposing of any person as a slave, a punishable offence. The very act of salet and purchase of a woman for the sex exploitation had an element of slavery. Section 370 includes within its meaning, not only the most extreme degree of subjection which is inconsistent with the idea of the person so treated being free as to his property, services or conduct in any substantial respect. The world slave as appearing in Section 370 I. P. C. has not been defined in the Indian Penal Code. We have, therefore, to look for its ordinary meaning. Oxford Dictionary defies slave as a human chattel, a helpless victim to or of some dominating influence a person having no leisure or a contemptible person, captured by others and made to serve them. In Websterts Dictionary a slave is defined as one who has no freedom of action, but where person and services are wholly under the control of another. "the Black's Law Dictionary defines slave tono freedom of action, but where person and services are wholly under the control of another. "the Black's Law Dictionary defines slave to meant a person who is wholly subject to the will of another, one who has no freedom of action, but whose person and services are wholly under the powers of a master, and who belongs to him, so that the master may sell and dispose of his person.
"the Black's Law Dictionary defines slave to meant a person who is wholly subject to the will of another, one who has no freedom of action, but whose person and services are wholly under the powers of a master, and who belongs to him, so that the master may sell and dispose of his person. "'a person who is the chattel or property of another and is wholly subject to his will, is the definition of slave in 20th Century Dictionary. The slavery was more or less modelled after that right that an individual could exercise over an animal or an inaminate object. In the ancient World, the slave girls staffed the brothels and filled harems. It was also possibly for a free individual to sell himself, or a person under his authority - a wife or concubine, a child or grandchild or a ward-into slavery for money or other considerations, unit, the individual was recognised as a person before the law. ( 7 ) ALTHOUGH the sale of persons into chattel slavery has been virtually eliminated, but it can be seen that practices leading to the similar result frequently, have outlived the legal prohibitions. One such practice has been the same adoption of children, especially girls of extremely poor households by wealthier people who pay a certain price to the natural parents and thereafter exploit the child. Such practices have perpetuated in disguise, this kind of enslavement even after its official legal abolition. ( 8 ) THE present offence, in its nature is still more grave and serious. Though the police has not registered the offence under Section 370 I. P. C. , may be because the word slave has not been defined in I. P. C. and is not clear to police but the court can still frame a charge also under the Section. Such omission by police does not reduce the gravity of offence as the lady was abducted by the co-accused persons in the absence of her husband and was sold away by them after her sex exploitation, to the petitioner, for her further exploitation. Considering the seriousness of the allegations appearing against the applicant, the application does not deserves to be granted and is, therefore, dismissed. Application dismissed. .