BANAMALI TRIPATHY Vs. EMPEROR

JUDGEMENT

(1.) The appellants, Banamali Tripathy and Dhundi Nath have been convicted and setenced by the learned Assistant Sessions Judge of Puri under a number of sections of the Indian Penal Code. Both have been convicted under Section 366 of the Code for the abduction of a married girl named Nishamani, and have been sentenced to undergo seven years rigorous imprisonment. Both also have been convicted under Section 420 of the Code, and sentenced to undergo rigorous imprisonment for five years. Both also have been convicted under Section 494 read with Section 109 of the Code for abetting the offence of bigamy said to have been committed by the same girl, and have been sentenced to five years rigorous imprisonment. Dhundi Nath alone has also been separately convicted of an offence under Section 366 of the Code for kidnapping the girl in question, and has been separately sentenced to seven years rigorous imprisonment. In the case of each appellant all the sentences have been made concurrent.

(2.) Put briefly, the prosecution case is that the girl Nishamani, who was aged about 14, had been married seven years previously to one Dinabandhu Hota (P.W. 12). As she had not attained puberty she did not go to live with her husband, but remained in the house of her mother, who was a widow. The first appellant, Banamali Tripathy, had been living in the house for a year as prospective bridegroom of Nishamani's younger sister. The other appellant, Dhundi Nath, was a close friend of the family and a frequent visitor to the house. On 24 March 1942, the day before the Ashokastami festival, at about 10 A.M. the appellant, Dhundi Nath, came to the house, and informed the girl's mother, Puna Bewa, that the females of his house would like to take Nisha to see the Jatra in village Dian, and he said that if the girl was allowed to go he would bring her back within two days. Banamali had, left the house the previous day, saying that he was going to his sister's place at village Taraboi.

(3.) Nisha was allowed to go with Dhundi Nath, and after they had proceeded some distance they were joined by Banamali. After some time, Nisha realised that she was not being taken to see the Jatra. She was taken in a bullock-cart to the railway station, and thence by train and cart to village Jajang. On the way, Dhundi and Banamali revealed to her that they were taking her away for the purpose of getting her married to some one else. They said they were providing a rich husband for her and she would be better off. She protested and asked to return to her mother, but was threatened by the appellants. At Jajang they went to the house of Bharat Tihadi (P.W. 11). Next day Dhundi Nath returned, but Banamali remained on in the house for twelve days, after which he also left, and some days after that the girl's marriage was celebrated with Bharat Tihadi and a sum of Rupees 192 was paid over by Bharat to Banamali as bride price.