ABRAR Vs. N.C.T. OF DELHI

JUDGEMENT

(1.) This appeal has been filed, challenging the judgment dtd. 29/5/2002 passed by the learned Additional Sessions Judge, Shahadara District, Karkardooma Court, Delhi in SC No.16/2001, titled State v. Abrar and Anr., convicting the appellants of the offences under Ss. 365/34, 302/34, 201/34 and Sec. 404 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) The appellants further challenge the order dtd. 29/6/2002 passed by the learned Trial Court, imposing the following punishment on them: <IMG>JUDGEMENT_10_LAWS(DLH)3_2026_1.jpg</IMG>

(3.) It is the case of the prosecution that on 24/8/2000, a missing person report was lodged at Police Station (PS) Gokul Puri by Mr. Wahid Khan, PW-1, brother of the missing person-Mr. Sitabi, informing that he alongwith his family and younger brother-Mr. Sitabi were living at Moonga Nagar. The appellants, namely, Mr. Abrar and Ms. Shanno, also started residing in the neighbourhood and with the passage of time, an illicit relationship developed between the appellant no.2- Ms. Shanno and the deceased. Due to this reason, Mr. Wahid Khan (PW-1) shifted to Nehru Vihar, however, the deceased started living at Moonga Nagar with his other brother, namely, Mr. Ashraf, and continued visiting terms with the appellant no.2. Due to the same, PW-1 got the deceased married to his sister-in-law, namely, Ms. Shabana, on 14/7/2000. On 20/7/2000, the deceased came to Delhi from the village and stayed with PW-1 at night and, in the morning, he went to his own room at Moonga Nagar, but thereafter did not come back. PW-1 then contacted the landlady of the house, PW-4- Ms. Saraswati, and she told him that in the evening of 25/7/2000, the deceased had gone with the appellant no.2 and had not come back. On the same day, the brother-in-law of PW-1 and the deceased, Mr. Jakir (PW-2), informed PW-1 that on 25/7/2000 at about 10.00 p.m., he had seen the deceased in the company of the appellants near Brijpuri Pulia and on his enquiry, the appellant no.2 informed that all three of them were going to attend a marriage at Rampur. PW-1 stated in his complaint that despite the best efforts, neither the appellants nor the deceased could be traced out. On coming to know that the appellants were in the area of Khajoori Pushta, PW-1 went there and enquired about the deceased but did not receive any satisfactory reply. Therefore, he made a complaint to the police, on the basis of which, FIR No.344/2000 was registered under Ss. 365/34 of the IPC on 24/8/2000.