PEER MOHAMMAD AZAD Vs. STATE OF H P

JUDGEMENT

(1.) All the aforesaid appeals are being disposed of by a common judgment, as, all arise, from, a common verdict rendered, by the learned trial Court.

(2.) The learned trial Court convicted besides sentenced the accused/convicts, namely, Gulam Hassan Hakim, Gulzar Ahmad Hakim, and, Peer Mohammad Azad, in, the hereinafter extracted manner:- <FRM>JUDGEMENT_61_LAWS(HPH)9_2018_1.html</FRM>

(3.) The facts relevant to decide the instant case that on 24.10.1995 complainant/prosecutrix lodged a complaint against accused Gulam Hassal Hakim, Gulzar Ahmad and Peer Mohammad Azad to the effect that she was carrying the business of export and import and was living in India for the last 14 years. That during this period she visited her native place in California 64 times and in Sept., 2001 she came to Mcleodganj and stayed in Mount View for a night and, thereafter, stayed in Hotel Annex Him Queen Mcleodganj. That Gulam Hassan invited her for dinner and introduced himself as a tourist guide and complainant stayed in Hotel Annex Him Queen for three days. That accused Gulam Hassan told her that he sells Kashmiri carpets and upon request of the complainant saw her carpets and had chosen two carpets. That complainant encashed her traveler cheque from Western Union and paid 1200 US dollars to Gulam Hassan towards price of those carpets. That Gulam Hassan had promised to post these two carpets to her native place in California, but she did not received the said carpets. That the complainant went to Delhi where Gulam Hassan had already booked a hotel room for complainant and Gulam Hassan had telephonically communicated to the complainant on 11.09.2001 regarding bomb blast in USA and called the complainant to Kashmir. The complainant wanted to visit her children to California but there were no flights to USA as per the directions of the US President and she stayed at Delhi for a week. That initially complainant refused to visit Kashmir, but since there were riots in Delhi, so complainant visited Kashmir on 1.10.2011 and accused Gulam Hassan met her at Srinagar airport with his friends. Complainant stayed for one night in Mother Indian Houseboat and thereafter left for Pehlgaum. That complainant stayed at Pehalgaum for two weeks. Accused Gulam Hassan had borrowed 1800 US dollars from the complainant for which she enachsed her traveler cheque at J&K Bank, Srinagar and, thereafter, she left for California. That when complainant left India accused Gulam Hassan continuously telephoned her on various occasions and even during midnight and Gulam Hassan also talked to her family members and, thereafter, after ten weeks complainant returned to India and Gulam Hassan proposed her for marriage. The accused Gulam Hassan gave reference of his being unmarried. Complainant also told that said proposals were given to her telephnically by Gulam Hassan when she was in California. That Gulam Hassan also talked abut the marriage with complainant's mother and children. That complainant came to Dharamshala and checked in Hotel Annex Him Queen and went to Pehalgaum. On 30.05.2002, she was married with Gulam Hassan at Srinagar. That the marriage ceremonies were solemnised by a Muslim Priest, regarding this marriage, Nikahnama was prepared which was signed by the complainant, Gulam Hassan and remaining accused. That the aforesaid marriage agreement was prepared in the same day at High Court of Srinagar and the said agreement was signed by Advocate Hakak, Ajay Ahmed and by Gulam Hassan and accused Peer Mohammad and accused Gulazar Ahmad Hakim as well as complainant, but this agreement was not proper as it was declared in the agreement that both the parties were un-married at the time of aforesaid marriage. That after marriage, the complainant, stayed for five days with Gulam Hassan as husband and wife and, therefore, complainant returned to California. That Gulam Hassan instructed the complainant to closure her business at California and return to Pehalgaum. That complainant purchased many items worth 3000 US Dollars for the use of Gulam Hassan and when complainant came back, Gulam Hassal picked her at Delhi Airport. That complainant had eight big boxes with her and she stayed during night in hotel at Delhi and had also given to Gulam Hassan 9600 US Dollars in order to purchase piece of land. That Gulam Hassan and complainant returned back to Dharamshala, Gulam Hassan has sexually assaulted her and left for Pehalgaum. They stayed at Dharamshala being husband and wife in a separate house and she purchased fridge and other house holds articles worth 2500 US dollars. ON 8.11.2002 Gulam Hassan left in the morning for Kashmir and complainant was alone at her house at Dharamshala. That after some time accused Gulzar came to the house of complainant with three porters and told the complainant that Gulam Hassan was not coming back. The complainant had sold all the articles of her house to Gulzar for Rs.1,00,000.00. Complainant was sitting in the van and Gulzar brought a blank paper having a stamp on the top and Peer Mohammad gave her cold drink as she was very upset. That the person wearing glasses asked the complainant to sign the blank paper on both the sides and also asked whether she had received Rs.1,00,000.00, and he also told her to first collect the money and then sign the register. Accused Gulzar paid her Rs.1,00,000.00 in the presence of accused Mohammad and the person who was wearing glasses. That thereafter Gulam Hassan told the complainant to go back to California. That after this she returned again in March, 2003 and accused Gulzar told her to stay with Gulam Hassan as it is customary in India to buy gold for the family and the complainant had purchased gold worth 1000 US dollars and for Gulam Hassan and Gulzar at Dharamshala being family members. Whens he questioned Gulam Hassan about her carpets and the land so purchase,d Gulam Hassan told her that he had bought land for her at Pehalgaum to construct a house and she did not remember how much money she had paid to Gula Hassan, her husband for the construction of house. That Gulam Hssan sent her back to Dharamshala and asked her to send more money and on this she had deposited Rs.15,000.00. That Gulam Hassan had pretended to complainant to be single and, therefore, complainant married Gulam Hassan. Accused Gulzar and Peer Mohammad signed the receipt and continuously lied with her that Gulam Hassan was single and thereby accused conspired to cheat her. Accused cheated her as Gulam Hassan was already married. Accused Peer Mohammad is signatory of the Nikhanama, marriage agreement and receipt and in Sept., 2005, the complainant came to know that Gulam Hassan was already married. It is stated that Gulam Hassan also cheated Japanese girl, who disclosed to the complainant that Gulam Hassan had already married and thereby Gulam Hassan cheated many women and accused Gulzar had also cheated many other women and had extracted more than Rs. One crore from them. The complainant went to the police to lodge the report but the police refused to register any complaint, and, thereafter she approached the Magistrate to lodge a complaint and on the direction of the Magistrate, the FIR was registered against the accused in the police station concerned. Thereafter police completed all the investigating formalities and arrested the accused.