GULFAM @ GHODA SHAH Vs. STATE

JUDGEMENT

(1.) The appellant (Gulfam @ Ghoda Shah) impugns a judgment dated 21.03.2002 of learned Additional Sessions Judge in Sessions Case No.3/2001 arising out of FIR No.138/2000 registered at Police Station Chandni Mahal holding him guilty for the offences under Sections 367/377/506/342/34 IPC. By an order dated 01.04.2002, he was awarded Rigorous Imprisonment for three years with fine Rs. 1,000/- under Section 367 IIPC; five years with fine with fine Rs. 5000/- under Section 377 IPC; one year with fine Rs. 500/- under Section 342 IPC and two years with fine Rs. 1,000/- under Section 506 IPC. All the sentences were to operate concurrently.

(2.) Allegations against the appellant and his companion Imran were that on the night intervening 24/25-08-2000, they in furtherance of common intention abducted Mohd. Siraj at around 12.00 night; committed sodomy; criminally intimidated and wrongfully confined him. The victim reported the incident to the police without delay and after recording his statement (Ex.PW-1/A) First Information Report was lodged in the morning hours on 25.08.2000. The victim was medically examined. Both Gulfam @ Ghoda Shah and Imran were arrested. Pursuant to their disclosure statements, knives used in the crime were recovered.

(3.) During arguments, appellant's counsel on instructions, stated at Bar that the appellant Gulfam @ Ghoda Shah has opted not to challenge the findings of the Trial Court on conviction. She prayed to release him for the period already undergone by him in custody which is about three years.