SHIV DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of above-said two appeals-one filed by Shiv Dutt and Kishan Pyari and another filed by Kamla, Ram Sarup, Hemant an Deepak against judgment/order dated 25-12-2002 of the Court of Additional Sessions Judge, Faridabad, whereby they had been convicted for offence under Sections 363/366/201 IPC and Sections 4 and 5 of Child Marriage Restraint Act and sentenced as under : For offence under Section 366 IPC, accused Shiv Dutt, Kamla, Ram Sarup, Hemant, Deepak and Kishan Pyari were sentenced to undergo RI for 7 years and to pay fine of Rs. 1 000/- each. In default of payment of fine to further undergo RI for 6 months; For Offence under Section 363 IPC, accused Shiv Dutt, Ram Sarup, Hemant, Deepak and Kishan Pyari were sentenced to undergo RI for 4 years and to pay fine of Rs. 1000/- each. In default of payment of fine to further undergo RI for 3 months; For offence under Section 201 IPC, accused Ram Sarup was sentenced to undergo RI for one year and to pay fine of Rs. 1,000/-. In default of payment of fine to further undergo RI for 3 months; For offence under Section 4 of Child Marriage Restraint Act, accused Deepak was sentenced to undergo RI for three months and to pay fine of Rs. 500/-. In default of payment of fine to further undergo RI for one month; For offence under Section 5 of the Child Marriage Restraint Act, accused Shiv Dutt, Kamla, Ram Sarup, Hemant, Deepak and Kishan Pyari were sentenced to undergo RI for three months and to pay fine of Rs. 500/- each. In default of payment of fine to further undergo RI for one month; All the substantive sentences were directed to run concurrently.

(2.) PROSECUTION case is that Bala Rani aged about 10 years was studying in 5th Class. On 20.12.2001, at about mid night, accused Deepak, his Bua Kishan Pyari, Ram Sarup, father of Deepak, Shiv Dutt husband of Kishan Pyari and Hemant, brother of Deepak came to the house of Bala Rani prosecutrix in village Panhera Khurd. Bala Rani was present in the house along with her mother Kamla. Then accused had a talk with Kamla. Bala Rani and her younger brother Braham and younger sister Babita were lying on the cot in the court- yard of the house. At that time Ram Sarup had a gun hung around his shoulder and had asked Bala Rani to get into the Van of Shiv Dutt accused, which had been parked outside the house. Then Bala Rani had asked as to where they were being taken at that odd time and she stated that she did not want to go. Then Ram Sarup and other accused had threatened her. Then Bala Rani and her younger brother and sister were forcibly made to sit in the Van. Kishan Payari accused accompanied all the accused and boarded the Van. Bala Rani was taken to a temple situated in the jungles of village Kondal and she was forcibly married with Deepak. Bala Rani was given danda and slap blows by Kishan Pyari who had threatened that if she does not marry, she will be shot dead by Ram Sarup. Desh Raj photographer was called and he took the photographs of the marriage. Ram Sarup had collected the photos and negatives from Singla Studio, Hatin. After the marriage, Bala Rani was 'brought to village Pahari and kept there for a couple of days. Thereafter, Parkash, Chhida and Chiranji, who are uncles of Bala Rani, came to know the facts and brought her back. That Kamla accused had forced Bala Rani to undergo the marriage. Vishnu Dut husband of Kamla was missing and Kamla had illicit relations with Ram Sarup accused. After receiving this information, Lachhi, maternal grand-father of Bala Rani had made complaint to the police. Police had registered the case. Thereafter, accused-appellants were arrested. After completion of investigation, accused were challaged. After trial, the case was found to be duly proved against them. They were accordingly convicted and sentenced as aforesaid.

(3.) IT was admitted by Lachhi complainant appearing as PW-2 that Vishnu Dutt husband of Kamla was missing since 1 year and 6 months and that he might have been done to death. As per Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the father, and after him, the mother is the guardian. It was admitted by Lachhi that he had not been appointed guardian of Bala Rani by any Court. Kamla is admittedly mother of Bala Rani and she was the guardian when Vishnu, father of the child, was missing and was suspected to have died.