MOHAMMAD YASHIN ALIAS JAGDISH Vs. STATE

JUDGEMENT

(1.) Four appellants Mohd. Yasin @ Jagdish, Km. Tajo, Smt. Chanda and Alim Ahmad all r/o Mohalla Jalal Nagar, P.S. Sadar Bazar, District Shahjahanpur have challenged their conviction u/s 363 IPC and imposed sentence of 3 years RI dated 3.3.1981, recorded by VIth Additional Sessions Judge, Shahjahanpur in S.T. No. 136 of 1980, State versus Mohd Yasin @ Jagdish and others, in this appeal.

(2.) Narrated briefly, prosecution allegations, as are evident from oral chik FIR, Ext. Ka-1,were that the appellants had kidnapped Husn Ara(PW4), fourteen year old daughter of informant Smt. Bilqis (PW1) widow of Mohd. Hussain. InitiallyPW1, her relatives and well -wishers searched for young damsel for seventeen days, failing which PW1 lodged FIR on 19.7.79 at 2.45p.m., as crime no. 482/79, on oral dictation, U/Ss 363/366 IPC at P.S. Sadar Bazar, District Shahjahanpur, mentioning date of the incident seventeen days prior at 10 a.m., against the four appellants

(3.) H.C. Rama Shankar Sharma, PW3, registered oral FIR Ext. Ka1 and prepared it's GD entry Ext. Ka4. Investigation into the crime was undertaken by S.I. Satya Pal Singh, who recorded 161 statement of informant, arrested accused Alim and Jagdish on 24.7.79 and lodged them in police lock up at 12.50 p.m. Another accused Tajo was arrested from the house of Ismail in village Umar Sad on 26.7.79 and thereafter accused Ismail was arrested. Subsequently investigating officer recovered victim Husn Ara from the house of Shyam Lal in village Makrandpur on 26.7.79 and prepared her recovery memo Ext. Ka-5.At the time of recovery PW4 was flanked by Ram Rati and Geeta and therefore both the ladies were arrested. Spot map of place of arrest vide Ext. ka-6 was sketched and victim was sent for her medical examination. After that, victim's custody was handed over to her mother vide Ext. ka 7. I.O., thereafter, interrogated other witnesses Babu Ram, Sharafat, and Husn Ara and concluding investigation charge sheeted accused on 18.8.79 vide Ext. ka -8.