KAMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dt. December 18, 1989, passed by the Sessions Judge, Bhilwara, by which the learned Sessions Judge convicted and sentenced the accused-appellants.

(2.) ACCUSED Ghisu Lal was tried for the offences under Sections 363, 366, 342 and 376 I. P. C. and under Section 4 of the Child Marriage Restraint Act, while the appellant Kamla was tried for the offences under Sections 363, 366 and 342 I. P. C. and Section 4 of the Child Marriage Restraint Act. ACCUSED Ratan Lal, Ram Chandra, Rameshwar, Mst. Ajee and Roopa were, also, tried alongwith the appellants for the offences under Sections 342 and 343 I. P. C. and for the offence under Section 5 of the Child Marriage Restraint Act. The learned Sessions Judge, after trial, acquitted accused Ratan Lal, Ram Chandra, Rameshwar, Smt. Ajee and Roopa of the offences for which they were tried. The learned Sessions Judge, also, acquitted the present two appellants of the offences under Section 342 and 343 I. P. C. but convicted accused Ghisu Lal under Sections 363, 366 and 376 IPC. and Section 4 of the Child Marriage Restraint Act and sentenced him to undergo two years' rigorous imprisonment under Section 363 I. P. C. three years' rigorous imprisonment under Section 366 I. P. C. ten years' rigorous imp:isoment under Section 376 (2) (f) I. P. C. and one months simple imprisonment under Section 4 of the Child Marriage Restraint Act. The learned Sessions Judge, also, imposed a fine of Rs. 100/on each count and in default of payment of fine further to undergo fifteen days' simple imprisonment on each count. Appellant Kamla was convicted for the offences under Sections 363 and 366 I. P. C. and under Section 5 of the Child Marriage Restraint Act and was sentenced to two years simple imprisonment under Section 363 IPC, three years simple imprisonment under Section 326 I. P. C. and one month's simple imprisonment under Section 5 of the Child Marriage Restraint Act. The learned Sessions Judge, also, imposed a fine of Rs. 50/ on each count and in default of payment of fine sentenced her to undergo fifteen days' simple imprisonment on each count. Aggrieved with the judgment dated December 18, 1989, convicting and sentencing the accused, appellants Kamla and Ghisu Lal preferred an appeal through their Advocate, which appeal is registered as S. B. Criminal Appeal No. 9 of 1990. Appellant Ghisu Lal, also preferred an appeal through jail, which was registered as S. B. Criminal (Jail) Appeal No. 18 of 1990.

(3.) IN the cross-examination, he has admitted that Aloli her self brought Shambhdi for her marriage and got her married with Ghisa. 7. PW 4 is Mangu Khan, who conducted the investigation and presented the challan. IN the cross-examination, this witness has admitted that Bhanwar Lal Teli was an eye-witness of the occurrence, whose statement was recorded by him and the marriage was performed by Ghanshyam.