RAJESH TAUFIQAHMEDAMINUDDIN SANTOSHSHASHIKANTAMBEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals arise out of a common judgment and order passed by the High Court of Bombay in Criminal Appeal No. 102 of 1995. Criminal Appeal No. 2 of 1997 is filed by 4 appellants who were Accused Nos. 2, 3, 6 and 7 in the trial Court. They had filed SLP (Crl). No. 2969 of 1996 along with Navneet, Accused No. 1, but Navneet's SLP was dismissed at the preliminary hearing stage. Criminal Appeal No. 425 of 1998 is filed by Taufiq who was Accused No. 4 Criminal Appeal No. 755 of 1998 is filed by Santosh who was Accused No. 5. Accused No. 1 was convicted under Section 366, I.P.C. and the other accused were convicted under Section 366 read with Section 109, I.P.C. All the 7 accused had appealed to the High Court but their appeal was dismissed.

(2.) The prosecution case was that on 24-12-1991 at about 6.00 a.m. they abducted Archana with the object of getting her married with Accused No. 1. However, they were not successful in taking her away as on hearing her shouts, Dr. Mahajan (PW-13) came there, then followed the appellants in his car, overtook them and prevented them from taking her away. While all the appellants were running away they were followed by the persons who were with Dr. Mahajan and also by the two Police Constables who had come there in the meantime. Appellant Irshad was caught on the spot but others were able to run away. It was also the prosecution case that Accused No. 1 and appellants Rajesh and Taufiq were caught from a nearby place within a short time after incident. It was also the prosecution case that appellant Irshad, soon after he was caught, had disclosed the names of the remaining accused as the persons who had come in that car with a view to take away Archana. On the basis of these allegations all the accused were tried for the offences punishable under Section 366, 354 and also under Section 307 read with Section 34, I.P.C. as there was an allegation that they had tried to assault Dr. Mahajan with deadly weapons.

(3.) In absence of any evidence regarding the assault on Dr. Mahajan with deadly weapons the charge under Section 307 read with Section 34, I.P.C. was held not proved. The trial Court also held that the charge under Section 354 was not proved. It however, belived the evidence of Archana, Dr. Mahajan (PW-13) and Constable Mule (PW-10) and held that all the 7 appellants guilty as Stated above.