TAUFEEQ AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 4.8.1998 passed by the Special Judge/Additional Sessions Judge, Nainital in Sessions Trial No. 122/1998, State v. Taufeeq Ahmad, whereby the appellant has been convicted under Section 377 and 308 of Indian Penal Code, 1860 (for short, IPC) and sentenced to undergo 4 years' RI under each of the Sections and directed that both the sentences shall run concurrently.

(2.) IN brief, the prosecution case is this that PW1 Anwar Hussain lodged the report in PS Kaladhungi on 29.12.1997 with the averments that on the same day i.e. 29.12.1997 at about 5 pm his child was playing in the courtyard aged about 3 years, namely Mohd. Azaz (PW4). The appellant accused has taken Mohd. Azaz in his laps towards Mazar to the forest. When his child could not come to the house up to long time, then he was worried. Then he inquired from Salim Ahmad (PW2) who also advised him to search his child. Then Asraf (PW3) has told him that he has seen accused appellant Taufeeq along with his child towards the Mazar. Meanwhile, he along with Asraf and Salim has gone in the forest but Taufeeq has left his child in an unconscious condition in the door of his house and has ran away from the house. His son is in injured condition. He has told this incident to the people of the vicinity. Then Taufeeq was searched in his sister's house where he was not met. To search Tafeeq, Aslam and Raees has gone to Kaladhungi. Then he was caught by them in Bazpur near bus station at about 7 pm and was taken to the police station. Child Azaz Ahmad was admitted in Kaladhungi Govt. Hospital for treatment.

(3.) LEARNED Judicial Magistrate, Haldwani after giving the necessary copies of the documents to the accused appellant as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 4.3.1998. Learned Sessions Judge transferred the case to Additional Sessions Judge for its disposal according to law.