JAMEEL Vs. STATE OF U. P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgement and order dated 21.01.2000 passed by 1st A.S.J., Lucknow in S.T. No.324 of 1995 whereby the appellant has been convicted and sentenced under Sections 452 and 354 IPC for three months rigorous imprisonment respectively.

(2.) Brief facts of the case are that the case emerged from the F.I.R. lodged by PW-1 Saiyra Bano stating that Mohd. Khalil, husband of first informant along with Smt. Saiyra Bano, PW-1 was present at his house situated in Village Khojey Kapurwa, P.S. Gudamba on 12.09.1993 in the morning, when the accused-appellant, Jameel of the same village armed with country made pistol entered into the house and started to quarrel with the husband of the first informant. When PW-1 objected to it and hearing noise, other members of the family rushed to the spot whereupon the accused fled away. PW-4, Mohd. Khalil made a complaint of this case against the appellant, Jameel and thereafter he went to work somewhere. It is the appellant who after sometime on the same day came back to the house of PW-1 armed with Banka and wanted to molest and assault the victim to outrage her modesty but she raised alarm, whereupon her nephew, husband and elder brother came on the spot. Seeing them, the accused abducted four months old daughter of Smt. Bano.

(3.) On this allegation, Smt. Bano lodged a written report as Ex-ka-1 at Police Station- Gudamba, District- Lucknow on 12.09.1993 at 8:15 pm where chik report as Ex-ka-2 was prepared on its basis and the case was registered in G.D. as Ex-ka-3 under Sections 452, 354, 364, 506 IPC as Case Crime No. 259 of 1993. This case entrusted to PW-6, Ram Narain Chaubey who investigated this case and during investigation, he visited place of occurrence and prepared a site plan as Ex-Ka-4. On the same date, he recorded the statement of Smt. Saiyra Bano, Rafiq Mohd., Safiq Mohd., Mohd. Khalil and other witnesses under Section 161 Cr.P.C. and arrested the accused on 14.09.1993 on Kursi Road and recovered from his possession of female child. Thereafter, the investigating officer prepared recovery memo as Ex-Ka-5 and in presence of the witnesses, he also prepared the site plan of the recovery as Ex-Ka-6. The recovery of the female child was handed over in the custody of PW-1 through memo as Ex-Ka-7 and after completing the investigation, the charge-sheet as Ex-Ka-8 was submitted by the Investigating officer under Sections 452, 354, 364, 506 IPC against the accused-appellant.