LALIT SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A complaint was filed in the Court of Judicial Magistrate, 1st Class, Ranikhet by the complainant Km. Devki Sharma against the accused persons as regards offences punishable under Sections 376, 365, 201, 312, 450, 420 and 506/34 of I.P.C. According to the complainant, she along with her family members were residing in a hilly backward area at village Katariya Talla, Patty Malla Salt, P.O. Manhait, G.P.O. Maulekhal, Almora, where police assistance was not readily available when needed. There were difficulties in getting medical assistance. Communications and transport were almost non -existent. The complainant was an innocent and homely girl of about 19 years old and living at the aforesaid address along with her mother, brother and sisters. Father of the complainant was employed in Delhi in a private firm and the complainant's father used to visit his native place, as and when he got time. The complainant and her family members were very poor and backward persons and were living only on the basis of yields resulting from small agriculture land in the village. Basically the family was very poor and sometimes had to pass hungry nights.

(2.) THE complainant and her family members were living in a backward hilly area and due to the backwardness, people of the area were facing hardships in the field of communication, transport and medical facility, and above all, due to monetary crises and financial sources, the complainant and her family members faced lot of problems regarding her complaint to reach its destination/concerned authorities for necessary action. The accused No. 1 (appellant) was a street roaming boy who indulged in illegal activities along with other goonda elements of the village and created nuisance and obscene activities in the village.

(3.) THE complainant's mother sent her brother to Delhi to tell her husband about the incident and bring her husband back to the village immediately. When the complainant's father reached the village, he immediately brought the incident to the knowledge of Head of the village and local Patwari and one social organization by the name of "Gram Sudhar Sangathan (Regd.)" intervened in the matter. It was then decided that some amicable solution should be worked out and a meeting was organized on 22nd, 23rd and 24th October 1993. The said meeting was attended by the members of the said Social Organisation, elders of the village, Area Patwari, Head of the Village, former Head of the Village, Freedom fighter Ganeshi Datt Bhatt, Gopal Datt Sharma and four other mediators namely Surendra Singh Mahait, Ganga Singh Negi Mahait, Ganga Datt @ Baraub Datt Oakuwak (father in law of the elder son of the accused No. 2) and the father of the complainant. It was decided in this meeting that since accused No. 2 (Gopal Datt Sharma) had accepted that his son and he himself committed the serious and heinous crime, then he would get his son married to the complainant on or before 31st May, 1994 but inspite of such agreement, the accused No. 2 (Gopal Datt Sharma) failed to surrender his son i.e. the accused No. 1 (Lalit Sharma) and also failed to arrange the marriage till date. By the attitude of the accused No. 2, it appeared that he deliberately and intentionally delayed the matter. The incident was admitted the accused No. 2 in his letter addressed to his elder son Suresh Chand Sharma, which letter was somehow procured and got photocopied by the complainant and was enclosed with the complaint.