NAZAKAT KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Revisionist was directed to be charged for the offence punishable under Section 216 IPC by learned Sessions Judge, Nainital vide order dated 24.07.2014. Accordingly, charge was framed against the accused-revisionist for the said offence. Aggrieved against the same, present criminal revision is preferred by the revisionist.

(2.) The allegation against the present revisionist is that he harboured or concealed co-accused Intezar Hussain, whom he knew or had reason to believe to be offender of Section 376 IPC, Section 5 of POSCO and Section 3 of the Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities)Act, 1989, with the intention of screening him from legal punishment.

(3.) A first information report was lodged against accused Intezar Hussain on 09.03.2014 for the aforesaid offence. Witness Munna gave the statement under Section 161 Cr.P.C. that Intezar Hussain was implicated in a rape case. He was harboured by Nazakat Khan (revisionist) at his house. When Police came to the house of Nazakat Khan, he concealed Intezar Hussain. Instead of handing over Intezar Hussain to the police, he gave him shelter in his house.