STATE OF RAJASTHAN Vs. TOMA RAM

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment of acquittal passed by the learned Sessions Judge, Balotra on 20.12.1989.

(2.) THE facts, in brief, are that on 3.5.1987 at 9.30 a.m., a written F.I.R. Ex.P/1 was lodged by Kana Ram S/o Khuma, Village Sada at Police Station, Sindhari. According to the F.I.R. Ex.P/1 the incident occurred during the night intervening 2nd and 3rd May, 1987. It was alleged that the respondent Toma his brother Oma along with Hema and Madhav entered the house of the complainant at about mid -night and forcibly lifted his sister Bharmi. According to the report Bharmi was put in a Jeep and was taken to some unknown destination. The F.I.R. disclosed that during the incident, the complainant Kana Ram received injuries by a Lathi and other villagers Punma, Kesa and Kumbha were eye -witnesses. A case under Section 366, I.P.C. was registered and investigation started. On 5.5.1987, the police intercepted the accused Toma along with Bharmi while they were going to the Court for the purposes of performing a court marriage. The statement of Bharmi Ex.D/7 was recorded under Section 161 of the Cr.P.C. and she alleged that she was raped by the accused Toma. Her statement Ex.P/11 under Section 164 of the Cr.P.C. was recorded on 7.5.1987 by the Judicial Magistrate, Siwana. Ultimately, a challan was filed against the six respondents Toma Ram, Nimba Ram, Jagmala Ram, Babu Ram, Bhala Ram and Rugha Ram. The case was committed to the said trial court where trial took place. The respondent Toma Ram was charged for the offences under Sections 366 and 376 of the I.P.C. The remaining five accused persons were charged under Section 366 of the I.P.C. All the accused persons pleaded not guilty. The learned Public Prosecutor then opened his case and examined P.W.1 Kana Ram, P.W.2 Deva Ram, P.W. 3 Punma Ram, P.W. 4 Kumbha Ram, P.W. 5 Nenu, P.W. 6 Kesa Ram, P.W. 7 Variyam Khan, P.W. 8 Babu Ali Sayed, P.W. 9 Dr. Keshav Kotwani, P.W. 10 Jethu Singh, P.W. 11 Shambhu Ram, P.W. 12 Smt. Bharmi, P.W. 13 Mobtaram, P.W. 14 Ram Singh and P.W. 15 Khiyan Ram in support of prosecution story. The statements of the accused persons were then recorded under Section 313 of the Cr.P.C. The defence contention is to the effect that no kidnapping or abduction took place and the fact was that Smt. Bharmi had gone to Toma Ram of her own volition as she was keen to marry him. D.W.1 Nimba Ram, D.W. 2 Gaimba Ram and D.W. 3 Jugal Kishore Dave, Notary Public, were examined by the accused -persons in their defence. D.W. 1 Nimba Ram has deposed that he was a witness of the marriage between Bharmi and Toma and Bharmi was a 'willing party' to the marriage and there was no coercion of any type. D.W. 2 Gaimba Ram has stated that the affidavit Ex.D/8 was executed on oath by Smt. Bharmi and he was the person who identified Bharmi before the Notary Public. D.W. 3 Jugal Kishore Dave is the Notary Public. He has stated that on 19.5.1987 while he was working as Notary Public Bharmi was brought to him by Govind Puri, Advocate along with the Ex.D/8 which was duly sworn before him by Smt. Bharmi. The witness brought his register and also proved the entry Ex.D/9 in respect of said affidavit. The witness further stated that upon enquiry, Bharmi told him that she was being married to somebody against her 'will' by her parents and, hence, she had married the said accused Toma. The learned trial court then heard the arguments and delivered the judgment dated 20.12.1989. All the six accused persons were acquitted. The State has come in appeal.

(3.) CONSEQUENTLY , I find no merit in this appeal and the same is hereby dismissed.