KRISHNA PRATAP SINGH,J. - (1.) The argument of this case was concluded on 01.6.2017. We then passed the following order: "Heard Sri Arun Kumar Singh, learned counsel for the appellant, Sri Rajeev Gupta, Smt. Manju Thakur, Kumari Meena, learned AGAs for the State. We will give reasons later. But we are making the operative order here and now. We have been informed that the appellant is in jail for the last more than 12 years. While maintaining the conviction of the appellant under Section 376 (2)(g) IPC, his conviction under section 3(2)(5) SC/ST Act is set aside and the life sentence awarded to him is modified to the period of imprisonment already undergone by the appellant. The impugned judgment and order stands modified to the aforesaid extent. The appeal is allowed in part. Appellant, Amir Ahmad shall be released forthwith unless he is wanted in some other criminal case. Sri Arun Kumar Singh, amicus curiae, shall be paid a sum of Rs. 10,000/- towards his remuneration."
(2.) Here are the reasons: The instant criminal jail appeal is directed against a judgement and order dated 5.3.2008 passed by the Additional Sessions Judge, Fast Track Court No. 2, Budaun in ST No. 26 of 2005 arising out of Case Crime No. 269 of 2005 (State v. Amir Ahmad), under sections 363, 366, 376, 376 (2)(g) IPC and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Police Station Bisauli, district Budaun. By the impugned judgement and order the learned trial court has convicted and sentenced the accused-appellant to three years RI and a fine of Rs. 500/-under section 363 IPC, seven years RI and a fine of Rs. 1000/- under section 366 IPC, ten years RI and a fine of Rs. 1500/- under section 376 IPC , ten years RI and a fine of Rs. 1500/- under section 376(2)(g) IPC and life imprisonment and a fine of Rs. 1500/- under section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 . In case of default in payment of fine, the appellant was further directed to undergo RI for one year. Learned trial court has further directed that all the aforesaid sentences of the accused-appellant shall run concurrently.
(3.) In short compass, the facts of the case are that a written report was given by the informant Ram Swaroop on 17.5.2005 at the police station Bisauli, district Budaun to the effect that Amir Ahmad, son of Jaimal Khan, Mohalla Miya Ka Qila, village and police station Chharra Haal used to come to his house. He claimed himself to be conjuror (Tantrik). On 15.4.2005 Amir Ahmad on the strength of his conjuring power (Tantrik Vidya) enticed away his daughter aged 15-16 years. Shyam Veer and Tej Veer have seen his daughter going along with Amir Ahmad at Railway Station village Davtori and told me about this. I kept on searching my daughter, but she could not be traced out.;