ASRAR AHAMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against judgement and order dtd. 3/6/2017 passed by Additional District and Sessions Judge, Court No.1, Hamirpur in Special Case No.29 of 2015 (State Versus Asrar Ahamad) arising out of Case Crime No.22 of 2015 under Ss. 376(2)(d), 354(Ka), 506 I.P.C. and 4 of Protection of Children From Sexual Offences Act, Police Station Maudaha, District Hamirpur. The appellant has been convicted for the offences under Ss. 376(2)(d), 354(Ka), 506 I.P.C. and 4 of Protection of Children From Sexual Offences Act and sentenced to undergo life imprisonment for the offence under Sec. under Ss. 376(2)(d) I.P.C; to undergo three years' rigorous imprisonment with fine of Rs.5000.00 for the offence under Sec. 354(Ka) I.P.C. and in default of payment of fine, five months' rigorous imprisonment; to undergo three years' rigorous imprisonment with fine of Rs.5000.00 for the offence under Sec. 506 I.P.C. and in default of payment of fine, five months' rigorous imprisonment and to undergo ten years' rigorous imprisonment with fine of Rs.16,000.00 for the offence under Sec. 4 of Protection of Children From Sexual Offences Act and in default of payment of fine, to undergo 16 months' rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) The F.I.R. of this case was lodged on 8/1/2015 as Case Crime No.22 of 2015 on the written information of informant, alleging therein that the informant is permanent resident of Village Kamhariya, Police Station Maudaha, District Hamirpur. At present, he is residing at Mohalla Upraus, Kasba Maudaha, District Hamirpur in a rented accommodation. He is posted as Headmaster at Purv Madhyamik Vidyalaya. He was busy in his job and treatment of his ailing mother which is going on since last 4 months. During this period, the family members of Amir Ahmad alias Bachcha, who resides in the neighbourhood, used to visit his house. On 20/8/2014 at about 10.00 a.m. when the informant was on his duty, his wife was at Village Kamhariya to look after his ailing mother and minor daughter of the informant was alone at her house, his neighbour Asrar Ahamad son of Amir Ahmad alias Bachcha came to his house and offered sweets (Laddu) to his minor daughter. His minor daughter became unconscious after consuming the sweet, whereafter the accused sexually assaulted her and took her nude photographs. When his daughter regained consciousness, she told the accused that she will make a complaint to her father, on which the accused showed her nude photographs. His daughter became silent. Taking advantage of it, the accused started blackmailing and sexually assaulting her. Asrar Ahamad, his mother Sitara Bano, sister Abida Bano and father Amir Ahmad put pressure of marriage, when the accused failed in his object, he extended death threats, pointing country made pistol on her daughter. On 31/12/2014 when the informant saw his daughter in a sullen condition and inquired from her, then she narrated the entire incident. It is further alleged that Asrar Ahamad has also committed indecent acts with his other minor daughter.

(3.) The Investigating Officer recorded the statements of the informant, the victims and other witnesses. Both the victims were also produced for medical examination and also for recording their statement under Sec. 164 Cr.P.C. The Investigating Officer also took other steps of investigation and after concluding it, submitted the charge-sheet against the accused Asrar Ahamad.