EMPEROR Vs. JAGANNATH GIR

JUDGEMENT

(1.) There were five cases before the Sessions Judge of Ballia, all connected with each other and all relating to a girl named Mi. Bhagmania. The result of the trials was as follows: Mt. Sugia, Bairagi Singh, Sattan and Balli, who were charged in the alternative under Section 366 or Section 366-A or Section 498, I.P.C., were convicted under Section 366-A and were sentenced to 18 months rigorous imprisonment. Balli was further convicted under Section 497, I.P.C., and sentenced to one year's rigorous imprisonment. Gobind Sharma and Bishnath were convicted in the alternative under Section 366 or Section 366-A or Section 498, I.P.C., and were sentenced to 18 months rigorous imprisonment. Jagannath Manjokhi, Sheodhari and Mt. Jumratan were acquitted. The convicted persons have appealed to this Court and there is an application on behalf of the Local Government for enhancement of the sentences which have been inflicted upon Gobind Sharma and Bishnath. There is also an appeal by the Local Government against the acquittal of Jagannath.

(2.) Two persons, Jeut Rai and Ram Brichh, were tendered a pardon and were made approvers. Prom their evidence and the evidence of Mt. Bhagmania and other witnesses the following story was disclosed on behalf of the prosecution : Mt. Bhagmania is a Hajjam girl whose age may be anything between 16 and 18. Her mother is dead and her father has been living and doing business for a long while in Assam. Mt. Bhagmania was married to a youth named Inderdeo about four years ago but her gauna ceremony has not yet been performed. Her husband has been working at Calcutta for the last 2 or 2 1/2 years. Her father's name is Dhari and he is a resident of a village named Sheopur Diar, but she herself has been living with her maternal grandfather, a man named Sahdeo, in the village of Suremanpur in the police circle of Bairia. On 10 August 1934 Mt. Sugia, who lives at Suremanpur, came and fetched Mt. Bhagmania to her house on the pretext of wanting her to massage the body of her daughter-in-law. When she did not return home, Sahdeo grew anxious and began to search for her. He went and enquired from Mt. Sugia, but the latter told him that she had sent Mt. Bhagmania home several hours ago. Next morning two men of his village, Nagina and Gauri Shankar, told him that they had seen Mt. Sugia, Sattan, Balli and Bairagi Singh taking Mt. Bhagmania towards the railway line. Sahdeo then took the chaukidar with him and went to the Police Station at Bairia where he made a report and an investigation began, but was suspended because no trace of the girl could be found.

(3.) Mt. Bhagmania says that at the house of Mt. Sugia were Sattan, Balli and Bairagi Singh; and soon after arriving at the house, Mt. Sugia suggested to the girl that she should go away with Balli, at the same time promising that she would have fine clothes and plenty to eat. Mt. Bhagmania refused and began to weep, whereupon the others threatened her and ultimately Mt. Sugia got her by the hand and began to take her towards Jamalpur. Balli, Sattan and Bairagi Singh accompanied them. At Jamalpur they put her in the house of Manjokhi and Mt. Sugia and Bairagi Singh then went home. Balli and Sattan kept the girl in Manjokhi's house for three days and each of them had intercourse with her. Then Sattan went home and Balli took Mt. Bhagmania to the house of a man named Menhgu at Murar Patti where she was kept for 10 or 15 days. Thence he took her to the house of a man named Jungli at Nainijor Diara and she was kept there for about 15 days. Then Balli took her to Milki and kept her at the house of the chaukidar, a man named Jagan, for nine or ten days. Jeut Rai then appeared on the scene and took her to his own house at Madhbani; but after three or four days Balli again came and took her to the house of a man named Tika in the same village. After that he took her to the village of Bagha in the Champaran District where he (sic) for two or three months at the house of a man named Mundarika. He told the villagers that she was his sister's daughter. After that he took her to Mohanpatti and then he had the hardihood to bring her back to Suremanpur, where he kept her concealed for one night in his own house. Next day he again took her to the house of Jagan at Milki and there he left her and went back to his own village.