BALWANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The occurrence which has given rise to this appeal took place on Jan. 22, 1973. The prosecutrix, Smt. Santosh Kumari was married to Satya Pal, who resides in village Bagthar, District Etah (U. P.). On Jan. 22, 1973 she came from her husband's house along with her brother Jai Karan for going to the house of her younger sister named Munni Davi, who resided in village Biretha under Police Station, Dholpur, where she was married to Ramlal. According to the prosecution case, Jai Karan and Santosh Kumari alighted from the bus at Biretha bus stand and from there both of them started to go on foot towards Biretha village. On the way Balwant appellant met them and thinking that they were hungry, he gave Jai Karan some money to bring sweets from a sweet shop near the bus stand. While Jai Karan had gone for bringing sweets, another bus came from Agra and Balwant told Santosh Kumari that the bus would go via village Biretha and it would be more convenient if they sat in the bus and went to the village along with her luggage. As such Santosh Kumari entered into the bus along with Balwant and as she was not conversant with that region, she had no idea as to where Biretha village was situated. The bus stopped at Dholpur and there they got down from the bus and Balwant asked Santosh Kumari to get into another bus, then she got suspicious and enquired from Balwant as to where her brother was. on which Balwant asked her to keep quite, threatened her showing her a knife and directed her to sit quietly in the bus. Balwant along with Santosh Kumari reached another place in the evening and from there they went on foot for about two miles to village Sbata where Ram Singh, brother-in-law of Balwant, resided. There Santosh Kumari was kept in the house of Ram Singh with the intention of forcible marrying her to Shiv Singh son of Ram Singh. There Balwant is also said to have committed illicit intercourse with Santosh Kumari.

(2.) Jai Karan, while he was purchasing sweets near the bus stand, saw Balwant and Santosh Kumari getting into the bus along with their luggage and thinking that they might have gone to village Biretha he went to her sister Munni Devi's house, but he was unable to find Balwant and Santosh Kumari there. He made an inquiry from the relatives of Munni Davi and was told that they had not reached that place. Then a relation of Munni Devi's husband informed him that Balwant's brother-in-law resides in village Shala and he might have taken Sontosh Kumari to that place. Thereupon Jai Karan went to Dholpur and from there he went to village Shala and on making inquiries there he found that Balwant had brought a girl and was staying at Ram Singh's house. Jai Karan went there and asked Balwant why he brought his sister there, on which Balwant replied that he would not allow the girl to go away and offered some money to Jai Karan and told him that Santosh Kumari would now be married to Shiv Singh. On which Jai Karan protested and told him that Santosh Kumari had already been married to Satyapal. A panchayat of the village was called in the evening and Jai Karan told the Panchas that Balwant had abducted his sister who was already married, on which the Panchas decided that Jai Karan should be allowed to take Santosh Kumari with him next morning. In the morning on the next day, Santosh Kumari and Jai Karan started from Ram Singh's house but when they reached near Hanumanji's temple, Shiv Singh and Kitabo, who were armed with lathis, over took them and Shiv Singh gave him lathi blows as a result of which he fell down. Then Kitabo and Shiv Singh took away Santosh Kumari to a nearby field. From there two other persons Munshi and Jawahar forcibly took away Santosh Kumari to another village from where the police party later rescued her. After Shiv Singh and Kitabo had forcibly taken away Santosh Kumari from Hanumanji's temple, Jai Karan went to village Bagthar in order to inform his brother-in-law Satyapal, husband of Santosh Kumari about what had happened. However, in the mean time, as Santosh Kumari did not return to her husband's house, he came down to village Biretha to make an inquiry from his sister-in-law Munni Davi and on coming to know that Balwant appellant had carried her away to village Shala, he went to police station, Maniya for making a report Jai Karan by that time also reached Police Station, Maniya where Satyapal lodged a first information report on Feb. 1, 1973. According to Satyapal, his wife had gone away from village Bagthar on Jan. 22, 1973 with her brother Jai Karan for meeting her sister Munni Devi at village Biretha, who was reported to be ill, but as she did not return Satyapal came to Biretha and on making an inquiry there he was informed that Balwant appellant had taken away his wife by employing deceitful means for the purpose of selling her away or for marrying her with some other person and had taken her to village Shala where Balwant had kept Santosh Kumari in the house of Ram Singh, but then Shiv Singh and Kitabo forcibly took her away and had kept his wife somewhere and that she should be recovered from the custody of the aforesaid persons. After making investigations the police recovered Santosh Kumari and thereafter put up a challan against appellant Balwant and Shiv Singh for offences under sections 366, 342 and 376 Indian Penal Code But as the appellant Balwant was absconding, only Shiv Singh was committed to the Court of Sessions Judge and after a trial, the Additional Sessions Judge, Dholpur by his order dated May 17, 1974 convicted Shiv Singh for committing an offence under Sec. 366 Indian Penal Code and sentenced him to four years' rigorous imprisonment and a fine of Rs. 500, while he was acquitted of offences under Sec. 342 and 376 I. P. C.

(3.) Meanwhile on Jan. 22, 1974 appellant Balwant appeared in the Court of Munsiff Magistrate, Dholpur and thereafter the police presented a supplementary charge-sheet against him, on the basis of which learned Munsiff Magistrate, Dholpur by his order dated May 2, 1974 committed the appellant to stand his trial before the Additional Sessions Judge, Dholpur for offences under Sections 376, 366 and 368 Indian Penal Code The learned Additional Sessions Judge framed charges against the appellant under Sections 366 and 376 Indian Penal Code and after a trial acquitted the appellant of the offence punishable under Sec. 376 I. P. C., but convicted him for the offence punishable under Sec. 366 Indian Penal Code by his order dated Oct. 7, 1974 and sentenced him to undergo four years' rigorous imprisonment and a fine of Rs. 500 and in default of payment of fine to undergo further rigorous imprisonment for a period of four months.