STATE OF HIMACHAL PRADESH Vs. KALA

JUDGEMENT

(1.) The four respondents were charged with offences punishable under Sections 363 and 366, I. P. C., in the Court of Mr. Hardayal, Magistrate first class, exercising Section 30 powers, Bilaspur. The learned Magistrate came to the conclusion that the charges were not proved beyond reasonable doubt. Accordingly, he acquitted the respondents. The State Government has come up in appeal against that order of acquittal under Section 417, Cr. P. C.

(2.) The prosecution story, briefly, is as follows: Mt. Roshni the alleged victim in this case, is the daughter of one Nikru of village Kolhwin, P. S. Sadar. She was first married to one Lekh Ram of village Kandror about three years ago. That marriage was dissolved and she was, allegedly, married for the second time to one Ram Lal of village Tarer in Phagun 2011 B. Mt. Roshni's brother Kishan Dayal, was first married to one Ganga Devi, cousin of Lekh Ram aforesaid. That marriage was also dissolved. In or about Phagun 2011 B., Kishan Dayal was married for the second time to one Mt. Kashi, who is none other than the sister of Mt. Kala and Tulsi, accused- respondents 1 and 2. The prosecution case is that after living for some months in the house of Ram Lal, Mt. Roshni returned to her parent's house in village Kolhwin, with her husband's permission. It was alleged that Mt. Kala Devi and her sister, Mt. Kashi, attempted, on several occasions, to induce Mt. Roshni to give up her husband, Ram Lal, and, in his place marry their brother Tulsi, respondent No. 2, as she would be assured of a comfortable, and luxurious, life with him. Similar inducements were, allegedly, held out by respondents 3 and 4, Sohnu and Bhagu. In the case of Sohnu, the matter did not rest with persuasions alone. The Court was asked to believe that Sohnu displayed his gun and a belt of cartridges and threatened Mt. Roshni with serious consequences, if she did not yield to their wishes. On 22-9-1955, at about noon, it is said that all the four respondents went to the house of Mt. Roshni's parents. The latter were absent. Roshni and her sister-in-law, Mt. Kashi, were cutting grass in a field. It was stated that, at the point of Sohnu's gun, Mt. Roshi was forcibly taken away from her parent's house by the four respondents. After an unsuccessful attempt to file an affidavit on behalf of Mt. Roshni in the Court of the Magistrate first class at Bilaspur (with a view to exculpate the respondents), she was taken to the Sadar Thana at Bilaspur by Sohnu, respondent, where she lodged a report as desired by the respondents. From there, Mt. Roshni was taken to village Harkhar, where she was kept in the house of Mt. Kala, respondent No. 1. There, it is alleged, she was seduced by Tulsi, respondent No. 2. The following day, she was removed to Tulsi's house. Eventually, a police party, headed by S. I. Kashi Ram of Bilaspur, recovered Mt. Roshni from the house of Tulsi on 29-91955. On these premises, the respondents were sent up by the police, charged with offences under Sections 363 and 366, I. P. C., with results already stated.

(3.) In acquitting the respondents, the learned trial Magistrate has held:-(a) That Mt. Roshni's second marriage with Ram Lal was not proved, (b) The prosecution failed to prove that Mt. Roshni was below 18 years of age at the relevant time and, consequently, no case of kidnapping was made out, (c) The prosecution failed to prove that Mt. Roshni was compelled by force, or induced by deceitful means, by the respondents to leave her parent's house and go to Tulsi's house in village Harkhar.