TARA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) In case FIR No. 198 dated 13-9-1999 registered under Sections 363, 366, 376, 120-B of the Indian Penal Code at Police Station, Pataudi, Smt. Tara Devi wife of late Chandgi Ram alias Lal Chand, Ahir and her son Raju alias Ved son of Chandgi Ram alias Lal Chand were challeged under Ss. 363/366/376 and 120-B of the Indian Penal Code by the police of PS Pataudi. They were committed to the Court of Session for trial by Judicial Magistrate 1st Class, Gurgaon vide his order dated 10-12-1999.

(2.) Vide order dated 10-1-2001, Additional Sessions Judge, Gurgaon charged Smt. Tara Devi and her son Raju under Section 366, IPC. He also charged Raju under Section 376(2)(g) of the Indian Penal Code and Tara Devi for having abetted the commission of rape on Mamta. They pleaded not guilty to the charge and claimed trial.

(3.) The facts which led to their prosecution briefly stated are that Mamta Devi wife of Ramesh Kumar has one daughter and two sons. Her husband was serving in Delhi. She along with her children was putting up with her mother. Smt. Shanti Devi at house No. 156, Ward No. 6, Shiv Colony, at the back of Good Luck School in Haili Mandi. On 20-8-1999, Mamta went to the school to leave her daughter Hem Bala there. It was noon time. Mamta, however did not return. After waiting for some time for Mamta Shanti Devi went in search of Mamta here and there. She sent for her son-in-law Ramesh Kumar who is husband of Mamta from Delhi. Ramesh Kumar reached the house of his mother-in-law Smt. Shanti Devi. Smt Shanti Devi informed all the relations through her son-in-law Ramesh Kumar. They made frantic efforts to hunt out Mamta but to no effect. A few days before 20-8-1999, Smt. Tara Devi w/o late Chandgi Ram alias Lal Chand (accused) was tenant in her house. When she got that house vacated from her, she warned them that she would destroy her family and abduct Mamta. After Shanti Devi got her house vacated from Tara Devi, Tara Devi shifted to Hardeva Colony near Railway Station, Haili Mandi. Smt. Tara Devi has three sons Madan, Raju and Deepak, Mandan, Raju and Deepak were also putting up with their mother Tara Devi in Hardeva Colony, Haili Mandi. Raju was missing since 20-8-1999. Smt. Shanti Devi reported the matter to the police on 28-8-1999 through application Ex. PD in which she laid her suspicion on Raju that he had abducted Mamta and was keeping her in his custody. It was stated by Shanti Devi in application Ex. PD dated 28-8-1999 that Smt. Shanti Devi came to her house and challenged her that she should do whatever she could do as her son Raju had abducted her daughter Mamta and was keeping Mamta in his custody. She further threatened her that they would not allow her to reside in Shiv Colony Ward No. 6, Haili Mandi, Gurgaon. On application Ex. PD case FIR No. 198 dated 3-9-1999 Ex. PD/1 was registered at Police Station, Pataudi under Section 363/366 of the Indian Penal Code.