Harsh @ Bahabar Raza vs State on 19 May, 2016

1. Challenge in this Revision Petition u/s 397 Cr.P.C. r/w Section 401
and 482 Cr.P.C. is to the judgment dated 27th August, 2015 passed by
learned Additional Sessions Judge (Central), Tis Hazari Courts, Delhi in
Crl.Appeal No.45/2014 arising out of FIR 134/2011 registered with Police
Station Ranjeet Nagar u/s 420/508/354 IPC whereby appeal filed by the
petitioner against conviction was dismissed.

2. Succinctly stated, the background facts are as under:-
On 21st June, 2011, the complainant „A‟ lodged a complaint
Ex.PW2/A stating, inter alia, that there was marital discord with her
husband due to his drinking and eating habits. To find solution to her
problems, on seeing an advertisement in the newspaper, she made a call at

Crl.Rev.P.714/2015 Page 1 of 5
phone No. 9958124384 which was picked up by the petitioner. He assured
to resolve her problem by conducting pooja. On 6th June, 2011, she reached
Maharaja Complex. The petitioner took Rs.2700/- from her to purchase
pooja articles and asked her to come next day at about 12 noon. On 7th June,
2011, while conducting pooja, the petitioner bursted a small matki and told
her that her husband was having an affair. To end his affair, she will have to
get a pooja conducted in the cremation ground and sacrifice two goats for
which total expenditure will be Rs.27000/-. He further told her that in case,
she does not get the pooja performed, her life and the life of her husband
and children would be in danger. Being scared, she gave Rs.8,000/- on 9th
June, 2011 and Rs.9,000/- on 11th June,2011. He assured her that pooja will
start having its effect within three days. Since the pooja was ineffective, she
called the petitioner on 20th June, 2011. He called her at about 11:45 AM on
her mobile and asked her to come to Maharaja Complex. She reached there
at about 2:30 pm, whereafter the convict took her inside a room and bolted
the door from inside. He told her that he will establish physical relation with
her and use the discharge to make „tabiz‟. The discharge would have to be
consumed by her husband and then her husband would become her slave.
He also informed that this pooja was called “vashikaran pooja”. Thereafter,
he removed his clothes and held her hand. She became nervous and
managed to flee from the room. On the basis of this complaint, FIR was
registered against the petitioner. After completion of investigation, charge
sheet u/s 354/509/420/506 IPC was filed.

Source: Indian Kanoon

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