ASHOK TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 14.01.2011 passed by Additional Sessions Judge/Fast Track Court No. 3, Lucknow in Sessions Trial No. 765 of 2006, arising out of Case Crime No. 233 of 2005, Police Station Hazratganj, District lucknow, whereby the appellant was tried for the offence under Sections 376/511, 306, 506 and 342 IPC. However, he was convicted for the offences under Sections 342, 506(2) and 354 IPC. For the offence under Section 342 IPC, he was sentenced to undergo rigorous imprisonment for a period of one year; for the offence under Section 506(2) IPC, he was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs.1,000/ -, and for the offence under Section 354 IPC, he was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.5,000/ -. In default of payment of fine, the appellant was to undergo two months' additional imprisonment. All the sentences were to run concurrently.

(2.) ACCORDING to the version of the first information report, the case of the prosecution was that the victim was associated with an NGO, viz. T.N.S. Wazir Hasan Road, and was performing the work of project and market survey. On 29.04.2005, she had gone to Bal Mahila Chikitsalaya near Qaiserbagh bus stand in connection with the disability certificate of one Jalley Bhai, who was her neighbour. In the said hospital, she received a phone call from Ashok Tewari, the appellant, who told her that he wants to meet her in connection with a project and it is urgent so that she may sign the briefing check list and may move for survey. Since the victim was engaged in the market research work, therefore, she called the appellant at the hospital where she was present. At about 2.30 PM, the appellant came to the hospital then the victim leaving Aslam Bhai and Jalley Bhai in the hospital went with Ashok Tewari on his motorcycle in connection with the work of the said project. Ashok Tewari was known to her as she had earlier worked with his elder brother Sanjay Tewari. When the appellant Ashok Tewari did not stop the motorcycle at TNS office then she asked him where he was carrying her then Ashok Tewari told her that by mistake briefing sheet has been left in the room so he is going to the room to collect the same. Then he went to his room near Baloo Adda. Victim never wanted to go inside his room but the appellant asked her to take water. Thereafter when she reached inside the room, the appellant gave her a glass of water and closed the door of the room and raised the volume of the television and thereafter he caught hold of her hands and started misbehaving with her. Feeling agitated, the victim gave her a slap and also had a tooth bite on his hand. She told him that he cannot exploit her during her lifetime. Hearing this challenge, the appellant said that he has committed a mistake and he shall leave her to her house. He asked her to stop weeping. Before going on the motorcycle, he got some blank papers signed by her. Since the victim wanted to get rid off from the clutches of the appellant, therefore, she came out and silently sat on the motorcycle. The appellant dropped her at Laxman Mela Park wherefrom he asked her to sit on a rickshaw. He also threatened the victim that in case she discloses this incident to anybody then he shall get her and her family members killed. The victim went to her house and kept on weeping. On 30.04.2005, the appellant again made a phone call and threatened her that in case she disclosed this incident to anybody then he shall convert her signed papers in such a manner which will disrepute her and thereafter he continued to threaten her on mobile phone. On 03.05.2005, the victim, because of the threats extended by the appellant, consumed several sleeping pills. When her condition deteriorated then she narrated the entire story to her mother and other members of her family. Thereafter, she was taken to the hospital. When her condition improved then she sent a self written report on 05.05.2005. On the basis of the said report, which was taken to the police station by her mother and sister, PW -2 and PW -4 respectively, case was registered. During investigation, the Investigating Officer prepared a site plan. The victim was medically examined at the time of her admission in the hospital on 03.03.2005 at 2.50 PM. As per medical report, two abrasions were found on her breasts, which, in the opinion of the doctor, were 3 -4 days old. The victim was admitted in the hospital for the treatment of the effect of sleeping pills which she had consumed. After completing the investigation, the charge sheet was filed against the appellant.

(3.) THE case of the defence was that the appellant has been falsely implicated in this case as his brother was also working in the said NGO in which the victim was working. His brother met with an accident in Jhansi. He had initiated proceedings against the said NGO in which the appellant was doing pairvi. One Ravindra Rao, who was an officer in the said NGO, was pressurizing the appellant to withdraw the case and on denial by the appellant, he has been falsely implicated in this case through the victim.