Panna and ors. Vs. State of Rajasthan

Panna and ors. vs State of Rajasthan

Type Court Judgment Court Rajasthan Decided Jan 22, 1986

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Citation: sooperkanoon.com/757607
Court: Rajasthan High Court
Judge: Guman Mal Lodha, J.
Decided On: Jan 22, 1986
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code - Sections 366 & 343--Sentence--Abduction--Three married girls sold in Nata by step father to 3 accused persons--Accused K 70 years old-Illiterate and belonging to Scheduled Tribes--Undergone imprisonment for 5 months--Held, it would not be in interests of justice to send them to jail now.;A woman can...

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Panna and ors.

Respondent

State of Rajasthan

Legal References

Reported In: 1987CriLJ997; 1986(2)WLN238; 1987(1)WLN166; 1987WLN(UC)166

Excerpt

.....belonging to scheduled tribes--undergone imprisonment for 5 months--held, it would not be in interests of justice to send them to jail now.;a woman cannot be treated as 'chattel' and cannot be sold in nata against her wishes even by real parents much less the accused who was not their real father. 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.;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 month's imprisonment.;appeal partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. .....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 in spite 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 (pw 9) and smt. ladpi (pw 6), were called from their husband's house 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 lenient view in the matter of the sentence.6. it was pointed out that al! the accused persons have undergone 5 months' imprisonment, already. socially, as per the customs prevalent in meena's community, the nata of married daughters are also recognised.kelya under section 366, ipc 3 years' r.i. with fine of rs. 500/- in default, 6 months' r.i.devilal & ramkaran each of them was sentenced to 2 years' r.i. with fine of rs. 350/- in under section 366, ipc default of 3 months' r.i.bheru under section 366, ipc 2 years' r.i. with fine of rs. 350/- in default, 3 months' r.i. under section 343. ipc 1 l'/2 years' r.i. (one and half years)panna under section 343, ipc 1 1/2a years'r.i. 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.....

Full Judgment

Guman Mal Lodha, J.

1. These two appeals by the convicts accused are directed against the judgment of the Additional Sessions Judge, Tonk dt. 19th.Aug., 1976, whereby the accused were convicted and sentenced as under:

2. The substantive sentences on different counts were ordered to run concurrently.

3. Accused, Bheru and Panna, were acquitted Under Section 368, IPC, and co-accused, Smt. Mangali was acquitted Under Section 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 in spite 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 (PW 9) and Smt. Ladpi (PW 6), were called from their husband's house 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 lenient view in the matter of the sentence.

6. It was pointed out that al! the accused persons have undergone 5 months' imprisonment, already. Socially, as per the customs prevalent in Meena's community, the Nata of married daughters are also recognised.

Kelya Under Section 366, IPC 3 years' R.I. with fine of Rs. 500/- in default, 6 months' R.I.

Devilal & Ramkaran Each of them was sentenced to 2 years' R.I. with fine of Rs. 350/- in Under Section 366, IPC default of 3 months' R.I.

Bheru Under Section 366, IPC 2 years' R.I. with fine of Rs. 350/- in default, 3 months' R.I. Under Section 343. IPC 1 l'/2 years' R.I. (one and half years)

Panna Under Section 343, IPC 1 1/2A years'R.I.

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. Mangali's Nata to him, after the death of Mangali's 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 (contd, on col. 2) 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 he result, these appeals are dismissed with the modification in the impugned judgment of the trial Court that the convictions 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 increased to as under:

Kelya Rs. 1,500/-Devilal, Ramkaran, Bheru - Each of them would pay fine Rs. 1,000/-Panna His sentence Under Section 343, IPC is altered to the term & period alreadyundergone 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, (PW8, PW 9 & PW6) 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.

Same Court & Year Rajasthan · 1986 Same Parties Panna and ors. vs State of Rajasthan Same Subject Criminal Same Judge Guman Mal Lodha, J.

Criminal