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1986 DIGILAW 77 (RAJ)

Panna v. State of Rajasthan

1986-01-22

G.M.LODHA

body1986
G.M. LODHA,J.—These two appeals by the concerned accused are directed against the judgment of the Additional Sessions Judge, Tonk dated 19th August, 1976, whereby the accused were convicted and sentenced as under . Kelya U/s 366, I.P.C. 3 years R.I. with fine of Rs. 500/- in default, 6 months R.I. Devilal & Ramkaran U/s 366, IPC Each of them was sentenced to 2 years RI with fine of Rs. 250/- in default, 3 months R.I. Bheru U/s 366, IPC 2 years R.I. with fine of Rs. 350/- in default, 3 months R.I. U/s 343, IPC 1-1/2 years R.I. (one and half year) Panna U/s 343, IPC 1-1/2 years R.l. 2. The substantive sentences on different counts were ordered to run concurrently. 3. Accused, Bheru &Panna, were acquitted under S. 368, IPC, and cold accused, Smt. Mangali was acquitted under S. 366/149, IPC. 4. This is a typical case, where three daughters who were brought by Smt. Mangali while conducting Nata with Kelya, have been abducted by Kelya and given in Nata for money consideration to the other accused persons inspite of the fact that they were married and all the three were unwilling. The abduction took place by deceitful means when all the three daughters namely, Smt. Nandkishori, Smt. Dev (Pw9) & Smt. Ladpi (Pw6), were called from their husbands houses by Kelya for taking them to a trip of Ramdevra and under that pretext, they were sold to other accused persons. 5. It is not necessary to discuss, in details, the facts and the evidence because, the learned counsel for the accused-respondents very fairly and frankly submitted that they would not press the appeal on merits but would request for a lelient view in the matter of the sentence. 6. It was pointed out that all the accused persons have undergone 5 months imprisonment, already. Socially, as per the customs prevalent in Meenas community, the Nata of married daughters are also recognised. 7. I have carefully considered the facts and circumstances of the case and evidence was also read over before me. 6. It was pointed out that all the accused persons have undergone 5 months imprisonment, already. Socially, as per the customs prevalent in Meenas community, the Nata of married daughters are also recognised. 7. I have carefully considered the facts and circumstances of the case and evidence was also read over before me. In this age and era, it is not possible to accept the practice of selling or auctioning married daughters in Nata by her father even if such practice used to exist before the constitution came into force, a woman cannot be treated as chattels and cannot be sold in Nata against their wishes even by real parents much less the accused who was not their real father but, he became father on account of Smt. Mangalis Nata to him, after the death of Mangalis earlier husband. Normally, in such cases, I am of the view that the sentence should be severe and deterrent. However, the fact is that the accused persons belong to schedule tribes and are illiterate and unaware of the new horizons of the constitutional development and awakening in which, woman of this country has been given equal respectable status. 8. Moreover, it is alleged that Kelya is of more than 70 years of age and so also Bheru, and it would not be in the interest of justice to send them in jail now, more so when they have already undergone more than 5 months imprisonment. 9. In the result, these appeals are dismissed with the modification in the impugned judgment of the trial court that the conviction of the accused appellants, in both these appeals, are maintained but their sentences under different counts are reduced to one already undergone by them, and the fine as imposed upon them is incresed to in as under : Kelya Rs. 1,500/- Devilal, Ramkaran, Bheru,-Each of them would pay fine Rs. 1,000/- Panna a His sentence u/s 343, IPC is altered to the them & period already undergone by him and he would pay a fine of Rs. 1,000/- Bheru -do- 10. These amounts of fine when realised would be paid to the girls, Smt. Nand Kishori (Pw-8). Smt. Dev (Pw-9), & Smt. Lad (Pw-6) in equal proportions. 1,000/- Panna a His sentence u/s 343, IPC is altered to the them & period already undergone by him and he would pay a fine of Rs. 1,000/- Bheru -do- 10. These amounts of fine when realised would be paid to the girls, Smt. Nand Kishori (Pw-8). Smt. Dev (Pw-9), & Smt. Lad (Pw-6) in equal proportions. The trial court would intimate these witnesses, (Pw-9 & Pw-6) and pay them compensation in his presence and would not pay it to any persons claiming as attorney or Mukhtiar or power of attorney holder. 11. Six months time from the date of receipt of record by the trial court is allowed to the accused persons for making payment of fine before the trial court, failing which, each one of them would undergo the sentence of 3 months R.I. 12. The accused-appellants are on bail and need not surrender.