DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - The two appellants, who are brothers, were convicted under Section 366, I.P.C. for the offence of kidnapping a minor girl for compelling her marriage and were each sentenced to R.I. for 4 years. Appellant Dayaram was further convicted under section 376, I.P.C. for committing rape on that girl and sentenced to R.I. for 4 years, which sentence was directed to run concurrently with the sentence for the first offence. Aggrieved by their convictions and sentences, the accused persons have filed the present appeal.

(2.) The prosecution story briefly stated was that on 3.4.1985 during day time at about 1.00 p.m., both the accused reached the house of Bhura (P.W. 3) in village Salai, police station Dhangaon, District Khandwa, M.P., Bhura's daughter Sagarbai (P.W. 1) was alone in the house with her younger brothers. Dragging Sagarbai by .her hair, the accused openly and forcibly took her away with the avowed object that accused Dayaram would marry her. Sagarbai was taken to a nearby jungle. Accused Mansingh went to his house to bring Sari for Sagarbai. Meanwhile, accused Dayaran committed forcible sexual intercourse with Sagarbai in the jungle. Sagarbai was made to wear the Sari which was then brought by accused Mansingh. Both the accused then took Sagarbai to their house in village Junapani Banjhar. A written report (Ex. P.1) about kidnapping was presented by Bhura (P. W. 3), the father of the prosecutrix, at Dhangaon police station on 4.4.1985. On the same day at about 4.05 p.m. accused Dayaram himself produced Sagarbai at the Police Station on 4.4.1985. The police then made recovery of the girl and handed her over to the custody of her father. On these averments, the prosecution case was that both the accused had committed offences under Sections 363 and 366, I.P.C. and further accused Dayaram had committed offence under Section 376, I.P.C., while accused Mansingh had committed an offence under Section 376/34, I.P.C.

(3.) Learned AddI. Sessions Judge, Khandwa by judgment dated 29.10.1985, holding that Sagarbai was not proved to be a minor girl below 18 years of age, acquitted both the accused of the offence of kidnapping under Section 363, I.P.C. Accused Mansingh was further acquitted of the offence under Section 376/34, I.P.C. But both the accused were convicted under Section 366, I.P.C., while accused Dayaram was further convicted under Section 376, I.P.C. and sentenced in the manner already indicated.