LAWS(ALL)-2020-6-52

NAZEER Vs. STATE OF UTTAR PRADESH

Decided On June 16, 2020
NAZEER Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This Criminal Appeal, under Section 383 of the Code of Criminal Procedure 1973 (hereinafter referred to as 'Code'), has been filed by the accused-appellant Nazeer (hereinafter referred to as 'appellant') through Jail Superintendent, Kheri, against the judgment and order dated 07.09.2017, passed by the Additional District and Sessions Judge, Court No.2, Lakhimpur-Kheri, in Criminal Case (Special Session Trial) No.04 of 2015 (State of U.P. vs. Nazeer), arising out of Case Crime No.993 of 2014 under Sections 363, 366, 376 IPC, Section 3 (2) (5) Prevention of SC/ST of Atrocities Act, 1989 (hereinafter referred to as 'SC/ST Act) and Section ¾ Prevention of Children From Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO Act'), Police Station Nighasan, District Lakhimpur-Kheri, whereby the appellant has been convicted and sentenced for seven years rigorous imprisonment and fine of Rs.7000/- for offence under Section 363 IPC, for offence under section 366 IPC for ten years rigorous imprisonment with fine of Rs.10,000/- and for offence under Section 376 IPC read with ¾ POCSO Act ten years rigorous imprisonment with fine of Rs.15,000/- with further direction that all the sentences shall run concurrently and ¾ of total fine shall be payable to the victim. It has further been directed that appellant has to undergo four months rigorous imprisonment in default of payment of fine for offence under Section 363 IPC, five months rigorous imprisonment, in default of payment of fine for offence under Section 366 IPC and seven months rigorous imprisonment in default of payment of fine for offence under Section 376 IPC read with ¾ POCSO Act with further direction that period of detention already undergone in jail shall be set off in aforesaid sentences.

(2.) The prosecution case, in brief, is that the victim (P.W.-2), daughter of Sarju Prasad, (P.W.-1), resident of village Dakherwa Chauraha, Police Station Nighasan, District Lakhimpur Kheri, was student of Class Xth of Kanti Devi Intermediate College, Lakhimpur. On 03.12.2014 at about 9:00 a.m., she was going to her college to take six monthly examination. As she was on the way to her college, appellant Nazeer, who was working as servant in her house, along with two other person, kidnapped her on the point of knife. A written complaint dated 05.12.2014 (Ex.Ka-1) was lodged by Sarju Prasad (P.W.-1) at Police Station Nighasan at 14:40 p.m. on 06.12.2014 with further allegation that he had apprehension that her daughter would be raped and murdered. It was further stated in complaint (Ex.Ka-1) that the whole occurrence was within the knowledge of appellant's brothers Zibrail, Wazir, Bushir, Israil and Rafiq and Wazir and Zibrail had advised him (P.W.-1) not to initiate any criminal proceedings as his daughter would be handed over till 8:00 a.m. on 05.12.2014.

(3.) On the aforesaid complaint (Ex.Ka-1), chik report (Ex.Ka-5) was prepared, information was entered in General Diary (Ex.Ka-6), Case Crime No.993 of 2014 under Sections 363, 366 IPC and Section 3 (1) (10) SC/ST Act was registered against appellant Nazeer and two unknown persons and the investigation of the case was entrusted to Deputy Superintendent of Police (In short 'Dy.S.P.') Ram Asrey (not examined) who visited the place of occurrence and prepared sight plan (Ex.Ka 9).