NADEEM AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal has been preferred against the judgment and order dated 17.10.2014, passed by the Additional Sessions Judge, Court No.4, Bulandshahr in S.T. No. 893 of 2012, arising out of Case Crime No.307/80 of 2011 (State Vs. Nadeem and another) convicting and sentencing the appellant Nadeem for the life imprisonment along with fine of Rs.10,000/- for the offence under Section 364A I.P.C. and in default of payment of fine six months additional imprisonment to each of the appellants and for the offence under Section 411 I.P.C. three years rigorous imprisonment and fine of Rs.3,000/- and in default of fine two months further imprisonment. The accused Mazhar for the offence under Section 379 I.P.C. has been sentenced for three years rigorous imprisonment with Rs.3000/- fine and in default of fine two months additional imprisonment. All the sentences in respect of both the appellants shall run concurrently.

(2.) The prosecution case as has been set out in the FIR lodged by the informant (here-in-after referred to as 'complainant) Shahabuddin with an allegation that in the night of 15.4.2011 at 9 P.M. an unknown person came to his house who disclosed his name as Alam and had conversation with him relating to work of embroidery and for getting an order of export and the business transaction got settled with 5% commission.The said person had brought cold-drink with him which he offered to the complainant and both of them consumed the same while they were having conversation. After they had talk with each other they went to sleep at 2 A.M. in the night. Alam also slept with the complainant. Along with the complainant, his son namely, Rehan aged about 4 years also slept. In the morning when the complainant got awakened at 8 A.M. then he saw that the person by the name of Alam had disappeared along with the son of the complainant, namely, Rehan. He made hectic search of them but all went in vain and hence, he lodged the FIR of the incident with a prayer for appropriate action to be taken.

(3.) In pursuance of the written report (Ext.Ka.1) submitted by the complainant Shahabuddin at Police Out Post Nai Mandi, Police Station Kotwali Dehat, District Bulandshahr against the unknown person, namely, Alam, a First Information Report was registered as Case No. 307/80 of 2011, under Section 363 I.P.C. on 16.4.2011. Chik FIR was prepared as Ext. Ka.10.The information about the registration of the FIR was also endorsed in G.D.No.15 at 12.20 P.M. as Ext. Ka.11 on 16.4.2011.