KASAMUDDIN Vs. STATE

JUDGEMENT

(1.) Heard Sri M.A. Haseen, learned counsel for the appellant and Smt. Manju Thakur, learned brief holder appearing for the State.

(2.) This appeal has been preferred by the appellant Kasamuddin u/s 372(4) Crimial P.C. against the judgement and order dated 28.02011 passed by Additional District and Sessions Judge, Court No.14, Ghaziabad in S.T. No. 2011 of 2009, State Vs. Kasamuddin u/s 363, 366, 376, 506 I.P.C., P.S.-Sahibabad, District-Ghaziabad by which the appellant has been convicted and sentenced to 3 years rigorous imprisonment and a fine of Rs. 3,000.00 u/s 363 I.P.C., 5 years rigorous imprisonment and a fine of Rs. 5,000.00 u/s 366 I.P.C., 10 years rigorous imprisonment and a fine of Rs. 10,000.00 u/s 376 I.P.C. and 3 years rigorous imprisonment and a fine of Rs. 3,000.00 u/s 506(2) I.P.C. together with default clause providing that in case of default in the payment of fine, the petitioner shall be liable to undergo additional rigorous imprisonment of 3 months, 5 months, 1 year and 3 months respectively on each count. All the sentences were directed to run concurrently.

(3.) Briefly stated, facts of this case are that P.W.1 informant Smt. Sudha Gupta, was earlier residing with her husband Sri Aadesh Kumar Gupta, son of Sri Jagdish Prasad in Garima Garden near Pasauda, Ghaziabad where she was running a general merchandise shop. Accused-appellant Kasamuddin alias Hasmuddin, son of Allauddin, who was also a resident of the same locality used to visit her general merchandise shop frequently for purchasing articles of daily requirements. His brother Pan Mohammad, who also resided in a rented house in the same locality used to visit her shop along with his brother Kasamuddin and both the brothers had developed family terms with P.W.1 informant Smt. Sudha Gupta and had also started visiting her house. P.W.1 informant Smt. Sudha Gupta had shifted to a new residence at A-141, Extension-II, Krishna Kunj, Shalimar Garden from her former residence in Garima Garden about nine months before the occurrence. As accused-appellant Kasamuddin was working as a tailor in Shivnam Boutique located in Shalimar Garden and her daughter Kamini alias Dolly was keen on learning sewing and stitching, the informant Smt. Sudha Gupta requested the accused-appellant Kasamuddin and his brother Pan Mohammad to suggest some lady tailor from whom her daughter Kamini alias Dolly could learn sewing and stitching on which accused-appellant Kasamuddin, suggested that he himself could teach sewing and stitching to her daughter and as the informant and her family members trusted Kasamuddin and his brother Pan Mohammad, they allowed Kasamuddin to start teaching sewing and stitching to her daughter Kamini alias Dolly in her house and for that purpose, the accused-appellant started coming to her house daily in the morning as well as in the evening. In lieu of his services, the accused-appellant Kasamuddin was paid a sum of Rs. 400.00 per month by the informant towards his remuneration. On 20.07.2009 at about 12:30 P.M., accused-appellant Kasamuddin took her daughter, who was aged about 17 years, to the market on the pretext of purchasing some material pertaining to sewing and stitching but thereafter, neither the accused-appellant Kasamuddin nor her daughter Kamini alias Dolly returned and despite a massive search, their whereabouts could not be located. The accused-appellant after enticing away her minor daughter had threatened the informant with dire consequences by his mobile no. 9958939483 in case she dared to make any effort to search her daughter. It was later discovered by the informant that her daughter before being abducted by the accused-appellant had taken with her a sum of Rs. 5,000.00 from her house. Apart from the informant, Noor Mohammad and Kapil, son of Satish, resident of Ashok Vatika, Launi, Ghaziabad and the informant's brother, several other residents of the locality had seen the accused-appellant taking her daughter with him to the market. On the basis of the written report of the incident (Ext.Ka.1) lodged by P.W.1 informant Smt. Sudha Gupta at P.S.- Sahibabad, District-Ghaziabad on 11.08.2009 at about 1410 hours, Case Crime No. 1865 of 2009 u/s 363, 366 and 506 I.P.C. was registered against the accused-appellant Kasamuddin. Check F.I.R. (Ext.Ka.10) and relevant G.D. Entry were prepared by P.W.6 Munish Chand, Head Moharrir. After its registration, the investigation of the case was entrusted to P.W.3 S.I. K.K. Rana, who visited the place of occurrence and after inspecting the same, prepared its site plan (Ext.Ka.5) and recorded the statements of the witnesses. During the investigation, after the victim was recovered, he got her medically examined and subjected her to radiological examination for determination of her age. He also got the statement of the victim recorded u/s 164 Crimial P.C. before the concerned magistrate in which the victim apart from supporting the prosecution case, had also alleged that the accused-appellant had committed rape on her. After completing the investigation, the Investigating Officer submitted charge-sheet against the accused-appellant u/s 363, 366 and 506 I.P.C. before the Chief Judicial Magistrate, Ghaziabad.