MAHBOOB PANDEY Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Shad Khan, learned Counsel for the appellants, learned AGA for the State, Sri Mohd. Samiuzzaman Khan learned Counsel for the informant and perused the lower court's record. This criminal appeal is directed against the judgment and order dated 08.05.2017 passed by Additional Sessions Judge (F.T.C.), Court No.3, Bulandshahr, in Session Trial No. 933 of 2011, (State of U.P. Vs. Mahboob Pandy and others), S.T. No. 238 of 2012 (State of U.P. Vs. Nawab), arising out of Case Crime No. 474 of 2011, under 3, Police Station Khurja Nagar, District Bulandshahr.

(2.) The appellants have been convicted under Section 366 IPC and sentenced to 7 years' rigorous imprisonment and fine of Rs.10,000/- each and in default of payment of fine additional imprisonment of one year each; under Section 376 (2)(G) IPC sentenced to 10 years' rigorous imprisonment and fine of Rs.35,000/- each and in default of payment of fine additional imprisonment of two years each; under Section 506 IPC sentenced to 4 years' rigorous imprisonment and fine of Rs.5,000/- each and in default of payment of fine additional imprisonment of 6 months each; under Section 147 IPC sentenced to 1 year's rigorous imprisonment and fine of Rs.2,000/- each and in default of payment of fine additional imprisonment of three month each has been directed. The prosecution case, in short, is that the prosecutrix gave an application dated 8.5.2011 before the In-charge, Kotwali, Khurja City, stating that on 25.10.2010 at about 5:00 p.m., she was passing through Mohalla, Radha Krishna, for purchasing some goods and for getting photocopies of some documents, when she was kidnapped and forcibly taken away in a Car by Mahboob Pandey S/o Jaan Mohammad R/o Mohalla Mugalpura Khurja, Abid Bhatola, Yaseen, Nawab and Javed, sons of Yameen R/o Mohalla Shekhpen, Khurja, who were standing there. In the Car, Mahboob Pandey put a handkerchief on her nose and she became unconscious and regained consciousness only at Delhi in a closed room. The above persons kept her at an unknown place in captivity. Abid Bhatola and Mahboob Pandey committed rape on her from 25.10.2010 to 7.11.2010 and Yaseen, Nawab and Javed used to beat her and threatened her from 25.10.2010 to 03.5.2011 and they also committed rape on her. Mother of aforesaid Abid Bhatola and other accuseds, Aneesha, used to keep her under her observation by extending threats and she used to instigate the accuseds and also assisted them in commission of her rape. These persons got her signatures on some papers. She suffered torture due to helplessness. On 03.05.2011 when Yaseen, Nawab and Javed had gone out and their mother was asleep, she escaped from their captivity at 2:00 p.m. and returned to her house at Khurja and informed her parents about the entire incident. On the basis of the application of the prosecutrix, Police Station Khurja City, District Bulandshahr, registered Case Crime 474 of 2011, under Sections 147 , 364 , 323 , 342 , 376 IPC against on accuseds 08.5.2011 at 15:50.

(3.) The Investigating Officer investigated the case and prepared site plan, victim was medically examined and finally charge-sheet was submitted in S.T. No. 933 of 2011 against Mahboob Pandey, Abid Bhatolaa and Yaseen, under Sections 147 , 364 , 323 , 342 , 376 , 504 , 506 IPC. The trial court framed charges against the accuseds, Mahboob Pandey, Abid Bhatola and Yaseen, under Sections 147 , 363 , 366 , 376 , 323 / 149 , 504 , 506 IPC and ¾ Indecent Representation of Woman (Prohibition), Act, 1986. The accuseds denied the charges and sought trial. In Sessions Trial No. 238 of 2012, charges were framed against accused, Nawab, under Sections 147 , 363 , 366 , 323 / 149 , 376 , 504 , 506 , 342 , 364 IPC. The accused denied charges and sought trial. In Sessions Trial No. 933 of 2011, the prosecutrix filed an application for amendment of charges against Mahboob Pandey, Abid Bhatola and Yaseen and Nawab and therefore, the charges were amended and fresh charges were framed under Sections 147 , 363 , 366 , 376 (2)(g), 323/149, 504, 506 IPC and ¾ Indecent Representation of Woman (Prohibition), Act, 1986.