TAHIR ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in is appeal is to the judgment and order dated 20.11.2015, passed by Additional Sessions Judge / Fast Track Court, Fatehpur, in Sessions Trial No. 480 of 2010 (State vs. Tahir Ali @ Ali Bhai and two others), registered as Case Crime No. 176 of 2010, under Sections 363, 366, 376, 504 and 506 I.P.C., Police Station Kotwali Fatehpur, District Fatehpur, whereby the accused Kalloo @ Badruddin Shah and Smt. Julekha were acquitted for the charges framed against them, whereas accused appellant Tahir Ali @ Ali Bhai was found guilty and sentenced to five years rigorous imprisonment along with fine of Rs. 1000/- under Section 363 I.P.C.; five years rigorous imprisonment along with fine of Rs. 1000/- under Section 366 I.P.C. and seven years rigorous imprisonment along with fine of Rs. 2000/- under Section 376 I.P.C. with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution story in brief is that a first information report was lodged at the police station on 29.04.2010 about the incident which took place in the intervening night of 12/13.04.2010, stating that the informant lodged a report at the police station that he is running a tea shop in district Fatehpur near his house. The appellant Tahir Ali @ Ali Bhai used to come to the shop of the informant to drink tea. Tahir Ali @ Ali Bhai used to do the work of conjuration while staying at the house of his relative Kalloo. Tahir Ali @ Ali Bhai used to go to his maternal house also. In the intervening night of 12/13.04.2010, the informant was sleeping at his tea shop. His daughter, the victim aged about 15 years who was appearing in High School was sleeping in the house with her mother Raisa Bano. The accused appellant did some conjuration on the victim due to which the victim became mentally disturbed. The appellant enticed away the girl. When the wife of the informant woke up, she found her daughter missing from the house. She went to the shop of the informant and told him about the missing of the daughter. The informant went to the house of Kalloo and Julekha and asked about his daughter. At which Kalloo and Julekha started abusing him and told him that the accused appellant had taken his daughter to Ghazipur at the house of Sadik Ali. At this, the informant went to the house of Sadik Ali, who told him that Tahir Ali @ Ali Bhai had brought one girl. The informant stay at the house of Sadik at which Sadik and his family driven away the informant after abusing him. The informant went to the house of brother-in-law of Tahir Ali @ Ali Bhai, who told the informant that Tahir Ali @ Ali Bhai had brought a girl who had just left his house. Tahir Ali @ Ali Bhai also threatened the informant at his mobile no. 9889280864 by his mobile nos. 9795974769 and 9616827197. The informant moved the applications at the police station on 13.04.2010 and 15.04.2010 but his report was not lodged, hence an application was moved to S.S.P., Fatehpur to register the case. Thereafter, the report was lodged.

(3.) On the basis of the report, investigation was entrusted to PW-8 S.I. Shambhu Dayal Awasthi, who conducted the investigation. He copied the chik FIR in the case diary and proved the FIR as Exhibit Ka-10, G.D. as Ka-11. The chik was scribed by PW-8 Shambhu Dayal Awasthi. Investigation was entrusted to PW-10 Vinod Kumar Vaish who recorded the statements of Nasir Ali Khan, Smt. Raisa Bano and inspected the spot and on the pointing out of the informant and his wife, prepared the site plan which was proved by this witness as Exhibit Ka-5. He recorded the statements of Mohd. Izhar, Mobin Khan, Sabir, Sakir and Syed Najim Uhssain on 30.04.2010. He interrogated Shiv Sagar regarding the age of the victim whose date of birth revealed to be 25.06.1994. The victim was recovered by this witness. The recovery memo was proved as Exhibit Ka-16. The investigation was ended into the charge sheet which was proved as Exhibit Ka-19.