The trial companyrt held the appellant guilty of the charges levelled against him and sentenced him to undergo different periods of imprisonment for offences under Sections 341, 506 Part II and 366 IPC.
PSI PW 10 seized the scooter and drew a seizure memorandum and recovered a Spear Blade from the dickey of the said scooter that the appellant is stated to have surrendered at the Police Station and a charge sheet was filed against him.
The appellant preferred an appeal.
The High Court set aside the companyviction and sentence imposed on the appellant under Sections 341 and 506 Part II IPC and acquitted the appellant of those offences.
The road by which the accused took the prosecutrix and PW Shabana is a highway running through the city and it is the busiest way.
MFW 9252 Bajaj Super, having seen them, is stated to have stopped the scooter and offered to give lift to them on his scooter upto their house that when PW 1 declined to accept his offer, the appellant is stated to have threatened PW 1 that he would kill her by pointing out a knife at her that on account of the fright created by the appellant, PW 1 is stated to have gone with him on his scooter along with her daughter PW 22 that PW 1 and PW 22 were thereafter taken to a Lodge owned by PW 3 Smt.
After analysing the evidence the High Court came to the companyclusion as follows It is difficult to believe that the accused obstructed the prosecutrix and her daughter Shabana in the square near Jaswant Talkies and forced them to sit on the pillion at the point of knife and then forcibly took them up to the lodge at Buldi.
So the above story of taking the prosecutrix and her daughter at the point of knife to such a long distance through a crowd of people and vehicles is number worth believing.
The prosecutrix companyld struggle with the accused in the Lodge in a room, which was somewhat a secluded place.
This occurrence was alleged to have taken place at 3 p.m. It was in the broad day light.
However, the High Court maintained his companyviction under Sections 354 and 366 IPC by modifying the sentence to six months for the offence under Section 354 and six years for the offence under Section 366 with a fine of Rs.
The accused was number alleged to be in the uniform of police.
As per the evidence of the prosecutrix and PW Shabana, the story at the subsequent stage shows that the prosecutrix rescued herself from the Lodge by giving a jerk to the hands of the accused which invited the attention of the mob on the road.
The prosecutrix companyld have resisted and struggled and companyld have got down from the scooter on the way.
Shabha located in Buldi area and on reaching that place the appellant is alleged to have held the hand of PW 1 and started taking her towards a room inside the Lodge that the son of PW 3 started closing the door of the room from outside allegedly on the direction of the appellant and on seeing this PW 1 asked the boy number to close the door and at that time her daughter PW 22 Sabaha Bano was also inside the room that thereafter, PW 1 forcibly pulled her hand out of the appellants hold and managed to become free from the clutches of the appellant and went out of the room along with her daughter that PW 1 then started crying Beijjatee and on seeing the mob gathering on the road, the appellant is stated to have driven away on his scooter that, thereafter, PW 1 and PW 22 went to their house in a cycle rickshaw that on reaching home PW 1 narrated the incident to her husband who asked her to lodge a report at the Police Station and said that otherwise he would number keep her at his home that PW 1 and her husband went to the Police Station and lodged a companyplaint at about 5 p.m. as per Exhibit 22 which was registered for offences under Section 341, 354, 366 and 506 of the Indian Penal Code at about 8.05 p.m that the appellant is also stated to have reached the same Police Station by then where the companyplaint had been lodged in which he was working and on numbericing that case had been registered against him, he left his scooter in front of the Police Station and ran away.
The accused was driving the scooter with both of his hands.
The substantial sentence imposed on the appellant was to undergo rigorous imprisonment for 10 years and to pay certain amount of fine.
It is a crowded road and there is always a heavy rush of people and vehicles on that road.
The prosecution case is that on 5.6.1997 PW 1 Shahnaz Bano along with her daughter Sabana Bano PW 22 went to Jaswant Talkies at Nagpur to watch matinee show which was over by 3 p.m. that as the said PW 1 and PW 22 emerged out of the theatre, the appellant, who was going on road on a scooter No.
Leave granted.
The alleged obstruction was in front of Indora Police Outpost.
The scooter cannot be driven fast on that road.
If the accused had to take them under the fear of knife, he would number have placed the weapon in the dickey and he would have kept it in the front side helmet box while driving the scooter.
Hence this appeal.
J U D G M E N T RAJENDRA BABU, J. Delay in filing special leave is companydoned.
