DARA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These are the three criminal appeals aforementioned have been filed before this court challenging the judgement and order dated 14.10.2015 passed by the Additional Sessions Judge, Court No. 1 Hathras in S.T. No. 27 of 2015 (arising out of Case crime No. 207 of 2015) State Versus Sanjay and others, P.S. Sadabad district Hathras whereby the appellants have been convicted and sentenced to undergo 2 years R.I. with fine of Rs. 1,000/- each under section 147 I.P.C.; to undergo one year with fine of Rs. 1,000/- each under section 323 I.P.C.; to undergo 2 years R.I. with fine of Rs. 1,000/- each under section 504 I.P.C.; to under to 2 years R.I. with fine of Rs. 1,000/- each under section 506 I.P.C.; to undergo 3 years R.I. with fine of Rs. 2,000/- each under section 354-D I.P.C.; to undergo 1 month simple imprisonment with fine of Rs.5,00/- under section 341 I.P.C.; to undergo 7 years R.I. with fine of Rs. 10,000/- each under section 363 I.P.C.; to undergo 3 years R.I. with fine of Rs. 5,000/- each under section 11/12 Pocso Act and to undergo 5 years R.I. with fine of Rs. 20,000/- each under section 66/67 of I.T. Act and in default of payment of fine maximum six months additional sentence was ordered and all the sentences were directed to run concurrently.

(2.) Since the controversy and facts involved in these appeals are the same, therefore, they are being heard and decided together by a common judgement with the consent of the parties.

(3.) The prosecution case in brief is that Mukesh Chaudhary had lodged an FIR on 8.3.2015 at about 14.50 at P.S. Sadabad Kotwali district Hathras to the effect that the applicant is a resident of village Mansya Kalan P.S. Sadabad district Hathras. His nephew named Virendra Singh had told him on 7.3.2005 that he had been informed by Kala son of Atar Singh and other boys of the locality that the video clipping of his daughter was being viewed by the villagers. The clipping is very obscene. As soon as the applicant heard this news he made an enquiry about it from his daughter. Firstly, she hesitated to say anything, thereafter, she said that due to fear she could not tell this before. When he consoled his daughter then she narrated the whole story saying that they were intimidating her to kill all members of her family that is why she did not tell it before. She said that when retuning back to home from school on 20.2.2015 along with Dhirendra, she met Sanjay son of Than Singh, Dara Singh son of Laxman, Eloo son of Harish, Pankaj son of Som Prakash, Ravi son of Pritam Singh, all r/o village Mansya Kalan P.S. Sadabad district Hathras in the way and said " lkyh vkt gkFk yxh gS ge rsjk ihNk dkQh le; ls dj jgsa Fks" the aforesaid persons started quarrelling with Dhirendra who was accompanied her. Her daughter made hue and cry, but all in vain, meanwhile, Sanjay made Dhirendra fall on the ground and compelled her daughter to sit on him. They started beating them and got uttered whatever they wanted to. In the meanwhile, one boy started making video clipping of the incident. Thereafter, the aforesaid persons made the daughter of the applicant sit on the motorcycle and went to Sadabad and other places where they started doing unbecoming/obscene behaviour with the girl of the applicant and started making video clipping and intimidated her by saying that we will kill all members of your family and make this video known to every one, if you dared to tell about it to anybody else, you and your family members will not be able to face the society.