GULFAM S/O HANEEF; SHAMSHAD, S/O MOMNA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Gulfam S/O Haneef; Shamshad, S/O Momna
STATE OF UTTARAKHAND
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(1.) Both these appeals are directed against the judgment and order dated 30.09.2011 passed by learned Additional Sessions Judge/ III Fast Track Court, Haridwar, in Sessions Trial No. 374 of 2001, Sessions Trial No. 408 of 2001 and Sessions Trial No. 329 of 2003, whereby said court has convicted accused/appellant Gulfam under section 363 IPC and sentenced him to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5,000/-. By the same judgment the trial court has acquitted said accused from the other charge i.e. from the charge of offences punishable under section 366, 376(2)(g) IPC. The trial court has acquitted rest of all the accused namely Israr, Imran @ Munshi, Mohabbat Ali, Suleman, Furkan, Kaku @ Ishtiyak, Ilu @ Irfan, Salim and Akil from the charge of offences punishable under section 363, 366 and 376(2)(g) ofIPC.
(2.) Heard learned counsel forthe parties and perused the lower courtrecord.
(3.) Prosecution story in brief is that in the intervening night of 16 and 17.03.2001, P.W.1 Firdaus, minor daughter of P.W.2 Shamshad, went missing from her house in village Ekkar Khurd. P.W.2 Shamshad made search for the missing girl, and after six days, on 23.03.2001, gave First Information Report (Ex. A1) at Police Station Pathri, alleging that his daughter Firdaus (P.W.1) has been kidnapped by accused/appellant Gulfam to compel her to marry, or to have sexual relations with him. On the basis of said First Information Report Crime No. 36 of 2001 was registered at Police Station Pathri, and investigation was taken up by P.W.6 S.I. Ram Bahadur Singh. On 22.06.2001, during investigation the girl (P.W.1 Firdaus) was recovered from the custody of accused/ appellant Gulfam near railway station Ekkar, and a memorandum (Ex. A2) was prepared by the police. On 23.06.2001, the girl was medically examined by P.W.5 Dr. Asha Sharma. After completion of investigation P.W.6 Ram Bahadur Singh submitted charge sheet (Ex.A7) against accused Gulfam (S/o Haneef) for his trial in respect of offences punishable under section 363, 366 and 376 IPC. It appears that supplementary charge sheet (Ex. A8) was filed by the Investigating Officer (P.W.6) for trial of accused Israr(S/o Haneef) in respect of aforesaid offences i.e. punishable under section 363, 366, 376 IPC. Thereafter the Investigating Officer (P.W.6) appears to have filed yet another supplementary charge sheet against accused Furkan, Kaku @ Ishtiyak, Ilu @ Irfan, Salim (S/o Haneef) and Aakil for their trial in respect of offences punishable under section 363, 366 and 376 IPC. Finally P.W.10 S.I. Ram Ashrey Kureel further investigated the crime and filed fourth charge sheet (Ex. A13) against accused Imran, Mohabbat Ali and Suleman (S/o Haneef) for their trial in respect of offences punishable under section 363, 366 and 376 IPC.;
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