HARSH @ BAHABAR RAZA Vs. STATE

JUDGEMENT

(1.) Challenge in this Revision Petition u/s 397 Cr.P.C. r/w Section 401 and 482 Cr.P.C. is to the judgment dated 27th August, 2015 passed by learned Additional Sessions Judge (Central), Tis Hazari Courts, Delhi in Crl.Appeal No.45/2014 arising out of FIR 134/2011 registered with Police Station Ranjeet Nagar u/s 420/508/354 IPC whereby appeal filed by the petitioner against conviction was dismissed.

(2.) Succinctly stated, the background facts are as under: - On 21st June, 2011, the complainant A lodged a complaint Ex.PW2/A stating, inter alia, that there was marital discord with her husband due to his drinking and eating habits. To find solution to her problems, on seeing an advertisement in the newspaper, she made a call at phone No. 9958124384 which was picked up by the petitioner. He assured to resolve her problem by conducting pooja. On 6th June, 2011, she reached Maharaja Complex. The petitioner took Rs.2700/ - from her to purchase pooja articles and asked her to come next day at about 12 noon. On 7th June, 2011, while conducting pooja, the petitioner bursted a small matki and told her that her husband was having an affair. To end his affair, she will have to get a pooja conducted in the cremation ground and sacrifice two goats for which total expenditure will be Rs.27000/ -. He further told her that in case, she does not get the pooja performed, her life and the life of her husband and children would be in danger. Being scared, she gave Rs.8,000/ - on 9th June, 2011 and Rs.9,000/ - on 11th June,2011. He assured her that pooja will start having its effect within three days. Since the pooja was ineffective, she called the petitioner on 20th June, 2011. He called her at about 11:45 AM on her mobile and asked her to come to Maharaja Complex. She reached there at about 2:30 pm, whereafter the convict took her inside a room and bolted the door from inside. He told her that he will establish physical relation with her and use the discharge to make tabiz. The discharge would have to be consumed by her husband and then her husband would become her slave. He also informed that this pooja was called "vashikaran pooja". Thereafter, he removed his clothes and held her hand. She became nervous and managed to flee from the room. On the basis of this complaint, FIR was registered against the petitioner. After completion of investigation, charge sheet u/s 354/509/420/506 IPC was filed.

(3.) In order to substantiate its case, prosecution in all, examined six witnesses. The statement of accused was recorded u/s 313 Cr.P.C. wherein he denied the case of prosecution. According to him, he was falsely implicated in this case due to business rivalry. Moreover, he went for hair cut in a Saloon called Smart Look Hair Saloon where some fight was already going on between the saloon owner and one of the customers. When he intervened, said customer started fighting with him and slapped on his face. Thereafter 2 -3 days later, he was falsely implicated in this case.