ATIQ MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) EMINENT Jurist Cicero has said :

(2.) IT is said that in pursuance to the said report the police searched the wife of said Prahlad and ultimately succeeded in finding her on 22-1-2004. Thereafter,, her statement has recorded and a copy of which has been placed on record as Annexure 2. According to this statement, this lady was married to Prahlad 9-10 years ago and they had a son, namely, Jitendra, aged about two and half years and she is carrying pregnancy of 4-5 months from Prahlad. On going through the statement of prosecutrix, it is revealed that whenever she fells ill, her husband was getting her treated from the applicant and in this manner applicant used to visit her house for the treatment. On further scrutiny of the said statement it is revealed that Prahlad (husband of prosecutrix) was having suspicion over her and she was beaten by her husband as such she, on 29-12-2003 in the afternoon at 2 o'clock went to Obedullaganj and then went to Village Dagarward at her mother's place. After narrating the incident to her mother, prosecutrix approached Police chowki Goharganj alongwith her mother Kalabai and lodged a report against her husband Prahlad. She has further stated that after 4-5 days her husband had come to Dagarwada and persuaded her to accompany him, assuring her that he would not now beat her. Thereafter assuring her husband Prahlad started persuading her that she may lodge a report against "doctor Sahab" (Applicant) and implicate him in a false case of rape so that they may snatch rupees one lac. But, she did not agree and for this cause, her husband beat her and turned her out of his house. Thereafter on 11-1-2004 she lodged a report at Police Station and she went to Dagarwada again.

(3.) ON further X-raying the statement of prosecutrix (Annexure 2) it is gathered that her father Narbada Prasad had left her mother Kalabai since her childhood and thereafter her mother Kalabai had remarried with one Madanlal of Village Dagarwada and her father Narbada Prasad had remarried one lady, namely, Sushila Bai at Nasrullaganj. Her father Narbada Prasad is not keeping her with him and her step father Madanlal also do not want to keep her with him and her husband Prahlad too, do not want to keep her with him and she is completely without any support, as such she is working as a labourer.