SHAVAB KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against order dated 23.02.2015 passed by the Court of First Additional Sessions Judge, Dindori, in Sessions Trial No. 72/2014, whereby the charges under Sections 366, 457, 380 and 120-B of the IPC were framed against applicants/accused persons Shavab Khan, Haroon Khan, and Husnain Khan @ Firoz Khan @ Fizzu.

(2.) The case of the prosecution may briefly be summarized as hereunder: The prosecutrix is daughter of first informant Ram Kumar Yadav. At the time of the incident she was 22 years old. On 24.03.2013, she lodged a report in Police Out-Post Amarpur under Police Station Samnapur, District Dindori to the effect that she faced threat to her life from co-accused Shahid Musalman. Whenever there was a proposal for marriage of the prosecutrix with someone, Shahid would telephones such person and tells him that the prosecutrix has been his concubine for past five years. Thus, he had not allowed her marriage to be fixed anywhere. It was also alleged in the report that Shahid harassed Prosecutrix and made obscene gesture to her.

(3.) At around 3:00 a.m. on 07.04.2013., the prosecutrix was sleeping with her mother Geeta Yadav at her home. She went out of the house to urinate. Co-accused Shahid caught hold of her and took her towards the road. Applicant Haroon Khan and other co-accused Teerath Moolchandani were also present. At that time, Ram Kumar Yadav father of the prosecutrix, was sleeping on the terrace. Geeta Yadav told her son Satyendra Yadav, who woke up his father Ram Kumar. They kept searching for Prosecutrix; however, she could not be located. Haroon Khan and Teerath Moolchandani promised that their daughter shall be returned within three days. They dissuaded Ram Kumar Yadav from lodging the report with police. They also advised him not to take the matter to the police because such action would defame his daughter. When the prosecutrix did not return for three days they lodged information in police Out-Post Amarpur on 10.04.2014. Thereafter, Haroon Khan and Teerath Moolchandani started to threaten Ram Kumar with life and also threatened to destroy the life of her daughter. Subsequently, on 13.04.2013, a written report was lodged by complainant Ram Kumar, which was registered as first information report. In that report, it was alleged that Shahid Khan had also taken a matured insurance policy of HDFC Bank valued at Rs.90,000/-, gold and silver ornaments and Rs. 1000/- in cash from the house of Ramkumar.