DEVARAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have preferred these appeals aggrieved by judgment and order dated 18.04.2016, passed by Special Judge SC/ST Cases, Jaipur in Sessions Case No.48/2011, whereby appellants Devaram and Basram @ Vishram have been convicted for offence under Section 376(2) (g) read with Section 120-B IPC in alternate Section 107 IPC and both appellants have been sentenced to ten years rigorous imprisonment and fine of Rs. 5,000/-, on non payment of fine, appellants Devaram and Basram @ Vishram to further undergo three months simple imprisonment. Appellants Devaram, Basram @ Vishram and Shakuntala have been convicted for offence under Section 306 IPC and sentenced to ten years rigorous imprisonment and fine of Rs. 5,000/-, on non payment of fine to further undergo three months simple imprisonment. Appellant Devaram has further been convicted for offence under Section 497 IPC and three years rigorous imprisonment has been imposed, aggrieved by which the present appeal has been preferred.

(2.) In brief, the factual matrix of the case are that a complaint Ex.P-26 was lodged by Heera Lal on 23.03.2010 which was sent by the Court to the police for registration, and consequently, F.I.R. was registered on 07.04.2010. In the complaint it was alleged by Heera Lal that appellant-Shakuntala is his wife who is residing with Devaram. He being a teacher in a Government Secondary School, appellant Devaram in his absence started having illicit relations with his wife Shakuntala and when he objected to the same, dispute took place between him and appellant Shakuntala. It is also contended that appellant-Devaram enticed his daughter and his wife to go with him, upon which missing person report was lodged on 25.04.2009, at Police Station, Chandvaji. Police recovered his wife and daughter on 29.04.2009 from Merta City and their custody was given to his maternal-in-laws.

(3.) It is further alleged that from matrimonial house also Devaram enticed his wife and daughters and took them away from one place to another. Complainant tried his best to trace his wife and daughters but in vain. It is mentioned that around two months back his daughter called him and informed him that Devaram is bent upon selling her. She also informed that she is being forced to have illicit relations with Ajay. On 06.02010 at around 5:00 pm, he received a call from Police Station, Nahargarh that his daughter has committed suicide upon which he reached the hospital. His younger daughter who was present at the hospital informed him that the deceased was objecting to the relations between appellant Devaram and her mother-Shakuntala and she was forced to have illicit relations with Ajay. Police after due investigation submitted charge-sheet against the appellants and one Babulal.