HARISH AGGARWAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THERE are three appellants before this Court; they are Harish Aggarwal, Yogender Aggarwal and Sumitra Devi.

(2.) HARISH Aggarwal was engaged to be married to the victim 'R'. He has been convicted under Section 376 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the 'said Act') and had been sentenced to undergo RI for 5 years and to pay fine of Rs.5000/ - in default of payment of fine to undergo SI for 3 months for the offence under Section 376 of the IPC; for the offence under Section 3 of the said Act he had been sentenced to undergo RI for 1 year and to pay a fine of Rs.10,000/ - in default of payment of fine to undergo SI for 4 months. For the offence under Section 4 of the said Act he had been sentenced to undergo RI for 2 years and to pay a fine of Rs.10,000/ - in default of payment of fine to undergo SI for a period of 4 months.

(3.) RECORD shows that on 13.7.1997 an information was received vide DD No.16A that a demand of Rs.5 lac was being made by one bridegroom and he was not ready to solemnize the marriage till the amount was paid. Investigation was marked to ASI Jagmal Singh (PW -15) who along with Constable Naresh (PW -6) reached house No.414, Katra Meghram Khari Baoli. Statement of the victim 'R' (PW -1) was recorded. She disclosed that her marriage had been arranged with Harish for 13.7.1997 at the Gola Banquet Hall at G.T.Karnal Road. This arrangement related back to an incident of 23.6.1997 when Harish had come to her house at about midnight stating that his vehicle had gone out of order. Since the family of Harish was known to the family of PW -1, Harish was permitted to sleep in the house of 'R' where her other family members were also residing. Harish was asked to sleep on the roof top. At about 2.00 a.m. Harish requested her for some water; she went upstairs to give him a water bottle and at that point of time Harish committed rape upon her. Harish did not want the matter to be reported to the police. At his request, his parents and his uncles Mahesh Kumar and Hukum Chand were called in order that some kind of an arrangement could be worked out. One neighbor Kishan Gupta was also called. At that point of time the families of both Harish and PW -1 agreed that to get over this incident, marriage between Harish and 'R' be solemnized which was accordingly fixed for 13.7.1997. In this intervening period, on the demand of Harish and his family which included his mother Sumitra Devi, father Girdhari Lal (since deceased) and Gayatri Devi (sister of Harish who had been released on probation) and Yogender his elder brother, goods worth Rs.4 lacs had already been sent to their house. A fresh demand was made of Rs.5 lacs on the date of the wedding i.e. on 13.7.1997 with a statement that in case this demand was not fulfilled the marriage would not take place. Since the parents of PW -1 could not fulfill this exorbitant demand, a complaint was accordingly lodged with the police station Lahori Gate.