2006 Supreme(Raj) 470
Rajasthan High Court
Honble N.N. MATHUR, J. Honble MANAK MOHTA, J.
Birju Ram & Anr. - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Civil Habeas Corpus Petition No.3251 of 2000
Decided On : February 16, 2006
Sandeep Mehta, for Petitioners Panney Singh, for CBI Pradeep Shah, Ranjeet Joshi, S.K. Vyas & G.R. Punia, for Respondents
Headnote:(a) Cr.P.C., 1973, Sec. 164 – Scope of recording statement of witnesses u/S. 164 Cr.P.C. when a person is not sponsored by Investigating agency – Held – When a person is not sponsored by the investigating agency the concerned Magistrate should look to the Police diary and give sufficient time for reflection and also ascertain the bonafides of the parties concerned. (Para 10)(b) Constitution of India, Art. 226 – Habeas Corpus petition – Victim was abducted – Kept in captivity for 103 days – Continuously committed gang rape by eight of her captor – Her pregnancy was got miscarriaged – Produced in the Court – Custody was given to petitioner – Petition was kept pending to ensure that the culprits are brought to the book and complete justice is done to the victim – The victim and her family members suffered at the hands of extra constitutional Institutions like caste taboos, patronage culture and non sensitivity on the part of magistrary – Disposed of with certain directions to the State Govt. (Paras 5 to 13)
(2). The factual backdrop in which the aforesaid issues have arisen is as follows:-
The victim Mst.Bagtu, while she was still one month old was engaged with an infant, named Sohanlal the son of the 4th respondent Jagmal. She studied upto 8th Standard, Sohanlal turned out to be mentally unsound. Thus, Mst. Bagtu refused to marry with him. This gave rise to dispute between the two families. Matter was taken to the ``Jati Panchayat", wherein he caste taboo prevailed, issuing command against Mst.Bagtu, which was not accepted by her and the parents. Against the command of Jati Panchayat Mst. Bagtu was married to Manoharlal of Makasar on 11.3.2000. When the Panchas of the Caste and the family members of sohanlal came to know of this fact, the panchayat was reconvened. The family members of Mst. Bagtu were threatened to pay compensation in huge sum or to face dire consequences for disobeying the command of the Caste Panchayat. her father disagreed to the unreasonable demand. As the members of the victim family were threatened, they approached to the police and as such proceedings under Section 107 & 116 Cr.P.C. were registered against some of the leaders of the Caste Panchayat and family members of Sohanlal. Large number of people of the community assembled outside the residence of the victims father. He was charged for disobeying the resolution of the Caste Panchayat. Some anti-social elements, who had become comparatively affluent, by unlawful means, took advantage of the situation, started threatening the victims family to part with huge sum of face consequences. Thus, on 5.8.2000 the 4th respondent Jagmal with other persons of village Dechu reached at the matrimonial house of the victim and abducted her after causing injuries to her husband and other inmates. A First Information Report of the incident was lodged at Police Station, Bajju, Bikaner for offence under Section 307, 366, 323, 352, 147, 148 & 149 IPC. When the police failed to trace out Mst. Bagtu the first petitioner Birju Ram the father of Mst. Bagtu and second petitioner her husband Manoharlal approached to this Court by way of filing the instant petition. The police failed to produce Mst.Bagtu for considerable time. The petitioners made a grievance of political and police protection to abductors. The complaint of continuous threat to withdraw the instant petition was also made. Strangely,while police failed to produce Mst. Bagtu before this court, it was reported that her statement under S