SIYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The four appellants Siyaram, Rambagas, Harcharan and Raghubir, all sons of Amar Lodhi, rio Papawani, P.S. Jirou, District Tikamgarh (appellants 1 to 4) have preferred this appeal against the judgment and findings dated 31/10/1983 by Shri S.K. Jam, Sessions Judge Tikamgarh in S.T. No. 11 of 82, Appellant No.1 Siyaram has been convicted on two counts viz. under sections 376 and 366 I.P.C. and has been sentenced to undergo RI for three years on each count, with a direction that the sentences shall run concurrently. The remaining 3 appellants have been convicted under section 366 I.P.C. and sentenced to RI for one year each.

(2.) The four appellants are brothers. They lived in the village Papawani P.S. Jirou. The prosecutrix P.W. 1 Shila, her brother P.W. 4 Swami and her mother P. W. 7 Sagun also lived in the same village. P.W. 1 Shila was married to one Dhokal of village Bheloni, District Lalitpur. The marriage was consumated in the year 1979-80 and in the month of Kartika, 1980, Shila was with her mother at village Papawani.

(3.) According to the prosecution, Shila's husband, sometime in the month of Kartik, had gone to Papawani to bring Shila. It is alleged that Shila had taken a vow of taking holy dips in the river in the month of Kartik and therefore, she was unwilling to go. It is further alleged that as it was imminent that Shilas husband would taker her back and she would be unable to fulfil her vow, the accused inveigled Shila and took her to his house saying that this would prevent her return with her husband and would enable her to stay at Papawani. The prosecution picture itself is very blurred but it seems that in those circumstances, the mother of Shila kept her at Siyarams house. According to the prosecution, Shila was wrong fully confined for 3 days and was subjected to sexual intercourse without her consent. On or about 4th February, 1981, P.W. 1 Shila managed to escape and join her mother. While P.W. 1 Shila was returning from her field alongwith her mother, all the accused persons are said to have forcibly taken her. On that occasion, P.W. 4 Swami, P.W. 7 Sagun and P.W. 6 Kriparam respectively the brother, mother and uncle of P.W. 1 Shila, intervened but were assaulted. She appears to have been kept in the house of Siyaram almost for a period of 3 months. Ultimately P.W. 4 Swami lodged a written report Ex. P- 2 addressed to S.P. on basis of which, the FIR Ex. P-i was recorded by P.W. 5 Shri Kushwaha, S.I.P.S. Girou on 27-2-81. All the four accused were charge-sheeted for committing offences under sections 636, 344 and 325/34 LP.C and accused Siyaram was further shown to have committed offence under section 376 I.P.C.