MUNEEM AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Counsel for appellant and learned A.G.A. are present. Heard the arguments at length. This criminal appeal has been filed against the judgment and order dated 22.10.1981 passed by 3rd Addl. Sessions Judge, Bijnor in S.T. No. 394/1980 State Vs. Muneem Ahmad etc. under Sec. 363, 366 I.P.C. PS-Kiratpur District-Bijnor by which the appellant Muneem Ahmad and Kallu were convicted under Sec. 363 I.P.C. and sentenced to 3 years of rigorous imprisonment and also to pay fine of Rs. 500.00 each and in default to undergo 6 months of rigorous imprisonment and were acquitted under Sec. 366 I.P.C.

(2.) In brief, the prosecution case is that on 25.8.1979 it was a festival of Id. And in the morning of that day, the complainant Abidul Rahman son of Kutubddin Sheikh resident of Mohallah Radgan town PS-Kiratpur had gone to Idgah to offer his prayer of Id to almighty God. In his absence the accused appellant Muneem Ahmad and Kallu along with their real brother Wahid and father Shabbir Ahmad told Sanjila that her brother Abidul Rahman has become injured and had gone to hospital, he is calling you. Then his sister went with these accused persons and his mother Shrimati Hafizan went in Mohallah to make arrangement of money and when the complainant returned to his house after praying from Idgah, his mother told about the whole affair. Then they all made search of Kumari Sanjila here and there. Two persons namely Shakrulla and Abidul Salam resident of Mohalla Radgan told them that they had seen the Sanjila going with all the four accused at about 9:30 a.m. towards the bus stand. On that day and on the next day, the complainant Abidul Rahman made a thorough search of his sister Kumari Sanjila but he could not find her anywhere, then he made over a written report of this occurrence in thana Kiratpur on 26.8.1979 at 3:30 p.m.

(3.) On the basis of this written report Ext. Ka-1, the F.I.R. under Sec. 363, 366 I.P.C. was registered in thana Kiratpur as Ext. Ka-2 against the all four accused persons. G.D. was prepared as Ext. Ka-3. Shri Satpal Singh S.I. made investigation in the matter and visited the place of occurrence on 28.8.1979 and prepared a site-plan which is Ext. Ka-4 and submitted the consolidated charge-sheet against all the four accused on 8.9.1979 which is Ext. Ka-5.