DHANNO Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been preferred by the appellant against the judgement and order dated 06.08.2014 passed by the Additional Sessions Judge, Court No. 8, Saharanpur in Sesssion Trial No. 254 of 2013 (State v Dhanno alias Makhmali) by which the appellant has been convicted and sentenced to three years rigorous imprisonment and a fine of Rs. 1000/- under section 363 IPC. In default of payment of fine, the appellant to undergo additional three months simple imprisonment.

(2.) The prosecution story in brief is that the appellant along with her accomplice enticed and abducted a boy named, Mohd. Saqib on 10.01.2013 at about 5.30 P.M. from G.T. Road, Jamia Tibbia, Deoband with an intention to sacrifice. Later on the abducted boy was got released from the clutches of the accused appellant with the assistance of Gram Pradhan and his companions namely; Khalil Ahmad, Rao Iftekhar, Zulfeqar and Moharram Ali. The FIR was lodged by the informant, Mohd. Farman, who happens to be the maternal uncle of the abductee on 12.01.2013, which was registered as Case Crime No. 24 of 2013, under section 364 IPC at P.S. Deoband, District Saharanpur. The written report was marked as Exhibit Ka-1 on the basis of which the chik FIR was registered, which is Exhibit Ka-5. On investigation, the Investigating Officer, Sub Inspector Indra Pal Singh recorded the statement of the informant and other witnesses. The site plan of the place of occurrence (Exhibit Ka-2) was prepared and thereafter a charge sheet, under section 364 IPC (Exhibit K-4) was submitted. Upon committal of the case to the Court of Sessions, the trial court framed charge against the applicant under section 364 IPC, who pleaded not guilty and prayed for her trial.

(3.) The prosecution in support of its case, examined the informant Mohd Farman P.W.-1, the abductee Mohd Saqib P.W.-2, Rao Iftekhar P.W. -3 and Sub Inspector Indra Pal Singh P.W. 4.