REWARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Rewariya resident of village Bamanbas has been convicted by the learned Sessions Judge, Sawaimadhopur Camp, Gangapur City, under section 366 and 147 I.P.C. and sentenced thereunder to rigorous imprisonment for four year and six months respectively.

(2.) The case of the prosecution is that Rewariya along with 25 others accused constituting themselves into an unlawful assembly with the object of abducting Smt. Rampati from her house in village Dhoonakpura, went to the said village on July 8, 1973, about 4 a. m. forcibly removed Rampati from her house, put her in the bus waiting nearby and carried her away to village Bamanbas. The report of the occurrence was lodged at the police station concerned that very morning at 9.20 a. m. The police was unable to recover Rampati for a long time. It is alleged that P. W. Mangva husband of Rampati was thus compelled to comply with the demand of Rewariya and pay him a ransom of of Rs. 7,100.00 for the restoration of his wife. He paid Rs. 7,100.00 to Rewariya through one Dariba who got Rampati back. It may be mentioned here that the matter was settled information by the Panchayat of the Meenas a community to which the parties belong.

(3.) After Rampati had thus returned to her husband's house in the month of Aug., 1973, the police also became conscious of their duty to do something towards the investigation of the case. It is alleged that the Investigation Officer record the statement of Rampati under section 161 Crimial P.C. on Sept. 12, 1977. Her statement under section 164 Crimial P.C. was recorded on Nov. 1, 1973.