MOHAMMAD HAMID ANSARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the two appellants herein namely Mohammad Hamid Ansari (A-3) and Mohammad Tauhid Ansari (A-2) against the impugned judgment dtd. 14/05/2012 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Koriya, Baikunthpur whereby they have been convicted for offences punishable under Sec. 366 of IPC and Sec. 3(2)(v) of the Act of 1989 and they have been sentenced to undergo R.I. for 5 years with fine of Rs.1000.00, in default of payment of fine additional R.I. for 3 months and imprisonment for life with fine of Rs.1000.00 in default of payment of fine additional R.I. for 3 months, respectively.

(2.) Case of the prosecution, in brief, is that on 03/09/2009, in between 10:30 to 11 AM, the appellants herein along with one co-accused namely Sagnu Uraon (now acquitted), in furtherance of their common intention, forcibly abducted Deepika (P.W.-7) in a Bolero bearing Registration No. CG 15B/0786 near Saatharpara railway line in order to compel her to marry Mohammad Tauhid Ansari (A-2) and thereby, committed the aforesaid offences.

(3.) Further case of the prosecution is that complainant Smt. Kismait Bhagat (P.W.-8) used to stay with her daughter Deepika (P.W.-7) in a rental house in Patna, Baikunthpur wherein Deepika (P.W.-7) was working as Shikshakarmi. On the date of the incident, when the complainant returned from her work, she was informed by Mary Lucy Bada (P.W.-2) that some people have abducted Deepika (P.W.-7) near Saatharpara railway line in between 10:30 to 11 AM in a four-wheeler vehicle. When the complainant enquired, she got to know that Mohammad Tauhid Ansari (P.W.-2), resident of Mahuadih, Shankargarh came in a silver coloured Bolero bearing Registration No. CG 15B/0786 and with the help of driver Sagnu Uraon (A-1), took her daughter Deepika (P.W.-7) in order to compel her to marry him, knowing fully well that she was a member of Scheduled Tribe. When she could not find her daughter, complainant Kismait Bhagat (P.W.-8) lodged a report at Police Station Patna wherein Crime No. 168/09 (Ex. P/8) was registered against Mohammad Tauhid Ansari and Sagnu Uraon for offence punishable under Sec. 366/34 of IPC. During investigation, statements of the complainant and witnesses were taken and Deepika (P.W.- 7) was searched and found and upon her statement, it was found that both appellants herein along with Sagnu Uraon (A-1) had abducted her to compel her to marry knowing fully well that she was a member of Scheduled Tribes. Deepika (P.W.-7) was was handed over to her mother Kismait Bhagat on supurdnama (Ex. P/5) and the appellants/accused persons were taken into custody. Recovery of silver coloured Bolero bearing No. CG 15B/0786 was made vide Ex. P/9 and after due investigation, the appellants/accused persons were charge-sheeted for offences punishable under Ss. 366, 186, 34 of IPC and Sec. 3(2)(v) of the Act of 1989 which was committed to the Court of Special Judge for trial in accordance with law.