ANWAR UL HAQUE Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Anwar-Ul-Haque is aggrieved by the judgment dated January 29, 2014 convicting him for offence punishable under Sections 419/363/366/376 (2) (f)/377/506 Part-II IPC and the order on sentence dated February 15, 2014 directing him to undergo Rigorous Imprisonment for three years and a fine of Rs. 1,000/- for the offence punishable under Section 419 IPC; Rigorous Imprisonment for five years and a fine of Rs. 1,000/- for the offence punishable under Section 363 IPC; Rigorous Imprisonment for seven years and a fine of Rs. 1,000/- for the offence punishable under Section 366 IPC; Life Imprisonment and a fine of Rs. 5,000/- for the offence punishable under Section 376 (2) (f) IPC; Rigorous Imprisonment for seven years and a fine of Rs. 2,000/- for the offence punishable under Section 377 IPC and Rigorous Imprisonment for three years and a fine of Rs. 1,000/- for the offence punishable under Section 506 Part-II IPC. The sentences under Sections 377 and 376 (2) (f) have been directed to run consecutively however, the rest of the sentences would run concurrently.

(2.) The prosecution case in brief is that on June 24, 2010 an information was received vide DD No.28A at about 8.50 PM that one person has taken away an eight years old child from her house WZ-144, Shakurpur Village, Delhi at about 4.00 PM at PS Saraswati Vihar. The same was handed over to SI Vijay Singh for investigation who went to the place and met the complainant PW-5, the mother of the prosecutrix who informed that on June 24, 2010, one person who told his name as Imran came to their house and told her that he was working under Ladli Scheme, the complainant would get clothes for her daughter and asked the complainant to give the names of her daughter. The complainant informed the name of her daughter. At about 1.30 PM the said Imran again came back and took measurement of the daughter of the complainant and stated that he would return back at 4.00 PM. When the complainant came back home at about 2.00 PM to have lunch she scolded her daughter as to why she had given her measurement to the said Imran and asked not to take anything from Imran in future. Imran again returned at 4.00 PM and told her daughter that he needed her passport size photograph and when the daughter told her that she did not have any such photograph, he told her to accompany her to Lawrence Road to the studio of a Government photographer to have her photograph. Thus Imran took away the prosecutrix and did not bring her back.

(3.) On the basis of this statement FIR No.236/2010 under Section 363 IPC was registered. During search the prosecutrix was found by the family near Gufa Mandir at about 7.00 AM on the next date, that is, June 25, 2010. The statement of the prosecutrix was recorded and she was medically examined. On June 25, 2010 Anwar-Ul-Haque tried to repeat the same at the house of Jamil Ahmad who apprehended him with the help of public and got him arrested. Jamil Ahmad deposed that on June 25, 2010 Anwar-Ul-Haque came to his house and told him that he has come for Ladli Yojna of Delhi Government to distribute clothes and money. He asked him to give measurement of his daughter. He knew that one day prior one person had come to the house of Mohd.Zaharuddin at Shakarpur and taken away his daughter on the pretext of taking her photograph and she had not returned. Thus on suspicion he raised the noise and apprehended Anwar-Ul-Haque with the help of two-three persons and took him to PS Saraswati Vihar where the complainant and her daughter were present. The prosecutrix identified Anwar-Ul-Haque who has impersonated as Imran and thus Anwar-Ul-Haque was arrested.