DILAWAR AMBIR PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Dilawar Ambir Pathan was tried for commission of offence under section 363 and 366 of the Indian Penal Code and was convicted by the trial Court under section 366 of the I. P. C. sentencing him to rigorous imprisonment for 3 years and fine of Rs. 500/- in default further R. I. for 6 months. This appeal takes exception both to the conviction and the sentence as awarded. Ajamuddin Daudkhan Kokane P. W. 1 and Sahirabai P. W. 2 are husband and wife. They were married in the year 1959 and at the time of this incident of 6th September, 1982, they had as many as 9 children, seven of them daughters and two sons. The person involved as the kidnapped one in this case is the daughter Sahida, the third eldest amongst the children. The prosecution case is that she was born on 1-6-1966 and therefore, at the time of this incident i. e. on 6th of September, 1982, she was a minor female in the lawful guardianship and keeping of her father Ajamuddin Daudhkhan Kokane. Ajamuddin initially carried on business in poultry and poultry products. He had engaged the accused Dilawar as a servant and in course of time Dilawar became not only known to the family of the Ajamuddin but in fact developed friendly terms with all the neighbours of Ajamuddin and also greater intimacy with the family members of Ajamuddin including her daughter Sahida. Sometime in the year 1976, or thereabout Ajamuddin Daudkhan changed his line of business. He started dealing in hides and skins. For the purpose of transport, he had a tempo vehicle and he had also engaged a driver for the same. However, because of the intimacy which the accused had developed, he was treated in the house almost as a son by Sahirabai, the accused was also permitted to learn driving of the tempo vehicle and in the course of time, started using it for the purpose of Ajamuddins business.

(2.) THE accused Dilawar is a married person. At the time of this incident, he was having a wife from, whom he had four issues. He also had a second wife, the daughter of Muzzawar of village Maisal. However, the accused was also known to have divorced her.

(3.) THE incident in question as stated occurred on 6-9-1982. On that date Ajamuddin had gone out of station to Vita, in connection with his business. He had not taken the tempo vehicle with him, apparently for the reason that there was a scarcity of fuel.