AZIM Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 1st December 2004 and Order on Sentence dated 2nd December 2004 whereby the appellant was convicted under Section 366 of IPC read with Section 34 thereof as well as Section 372 read with Section 511 and 34 of IPC and was sentenced to undergo R.I. for 10 years and to pay fine of Rs.5,000/- or to undergo S.I. for one year in default under Section 366/34 of IPDC and was further sentenced to undergo R.I. for 5 years and to pay fine of Rs.5,000/- or to undergo S.I. for one year in default under Section 372/511/34 of IPC. Both the sentences were directed to run concurrently.

(2.) On 3rd December 2000, the complainant Mool Chand came to Police Station Welcome and lodged FIR stating therein that his daughter aged about 13 years and her friend aged about 14 years were missing since 2 PM. He also stated that Mani Ram, who was residing in his neighbourhood, was a frequent visitor to his house. He suspected that Mani Ram has taken his daughter, whereas Azim has taken her friend with him by inducing them.

(3.) The prosecution examined 18 witnesses in support of his case. No witness was examined in defence. The daughter of the complainant came in the witness box as PW-3 and has stated that Mani Ram used to tease her by giving signals to her and pelting stones on her. He had also expressed his love for her. She, however, spurned the gesture made by Mani Ram. She further stated that on 1st December 2000, when she had gone to Pili Mitti for stitching work, both the accused kept handkerchief at her mouth as well as at the mouth of her friend and took them to the sister of Azim in Delhi. From there, she was taken to Railway Station, Nizamuddin along with her friend. From there, Azim brought them to his village in Aligarh. From that village, he took them to the house of his brother where Azim separated from her and Mani Ram took her to his village in District Badayun. She was taken to the house of the sister-in-law of Mani Ram and was locked in a room by his brother. Mani Ram then returned to Delhi. After two days, he again came back along with his friend and told his sister-in-law that he would bring some more girls. She further stated that Mani Ram did not misbehave with her and did not commit any wrong with her. She claimed that Mani Ram had taken her for the purpose of selling her to someone. She also stated that since her father had threatened Mani Ram, he brought her back to Delhi from, where she was recovered by police. According to her, it was Mani Ram's mother, who handed her over to police.