MAHBOOB @ DHUMAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Mahboob @ Dhumal has assailed the judgment and order dated 15.2.2001 passed by the then Sessions Judge, J.P. Nagar in Sessions Trial No. 49 of 1999 arising out of Case crime no. 541 of 1999 whereby he was convicted under sections 302, 376, 363 and 201 Indian Penal Code (in short, I.P.C.) and sentenced to undergo life imprisonment and a fine of Rs. 5,000.00, 10 years imprisonment and a fine of Rs. 5,000.00, 7 years imprisonment and a fine of Rs. 3,000.00 and 3 years imprisonment and a fine of Rs. 2,000.00 respectively with default stipulations. All the sentences were directed to run concurrently.

(2.) Prosecution case, in brief, is that 8 years old daughter of informant Barkatullah (PW-1) was sitting at his door steps on 20.8.1999 at about 8:00pm in the light of Gas. Suddenly, her neighbour appellant Mahboob @ Dhumal arrived at his door steps and enticed away the little girl (referred to as 'victim' in view of bar of Sec. 228-A IPC).

(3.) It is alleged that complainant Barkatullah (PW-1) his father and other members of family chased appellant Mahboob @ Dhumal but failed to apprehend him and victim though they were reportedly seen by several persons of locality, who allegedly informed the family members that appellant Mahboob @ Dhumal was dragging away the victim.