Khyali Ram vs. State of Himachal Pradesh on 24 October, 1978

    This case was based on a relation between Khayali Ram and Ram Pyari.  At village Dhundan, both the parties were residing and Khyali Ram accused used to come and stay at the house of Beli Ram. When the accused Khyali Ram was sleeping at the house of Beli Ram, in the early hours of that morning he eloped with Ram Pyari and both of them travelled on foot and came near Ghu-marwin. Thereafter they came to villages Aur and Bagher. At Bagher, the accused pawned woollen 'pattu' which he had brought from the house of Beli Ram, with Ram Parkash shopkeeper for Rs. 5. Thereafter the accused boarded a bus at Ghumarwin and brought the girl to Ladror and thereafter to his own house at Lagmanoo. The usual search of the girl was made by the parents for a couple of days so that the F.I.R. could be instituted only on 14-7-1972 at 1.30 P.M. at P. S. Arki. The informant was Beli Ram the father of the girl. Upon information received police recovered Ram Pyari from the house of the accused on 17-7-1972. Thereafter she was medically examined on 21-7-1972 by Dr. Pushpa Rani who opined that the girl's age was about 17 years.

     Khayali was married to Ram Pyari and both of them lived together at the house of Beli Ram. Ram Pyari was more than 18 years on the date of the alleged offence. She herself went with him and both began residing at the house of the parents of the accused. Since Beli Ram was demanding some money from him, he was falsely implicated and this case was brought against him.

     The judgment of the Sessions Judge, Solan in a case under Sections 363 and 366 of the I. P. Code, wherein Khyali Ram (24 years) stands charged for these offences and is convicted to five years rigorous imprisonment under each count.