kidnapping of a 20 year old girl: Life imprisonment for one, 5 year rigorous imprisonment for two
Jabalpur: The Additional Sessions Judge and Special Judge (SC & ST cases), Jabalpur (Madhya Pardesh) has convicted Rajiv Kumar Tiwari alias Rajan alias Raju alias Babloo resident of Village Khijiraha in Allahabad district of Uttar Pradesh, Khachu Ahirwar and his wife Mamta Ahirwar, both from Village Jugiyai in Tikamgarh district of Madhya Pradesh and sentenced Rajiv Kumar Tiwari to undergo Life Imprisonment while Khachu Ahirwar his wife Mamta Ahirwar have been sentenced five years rigorous imprisonment.
CBI had registered a case on February 1, 2007 on the orders of Madhya Pradesh High Court in a Habeas Corpus writ petition no.1600/2005 and taken up the investigation of case (FIR No. 277/06) dated 05.07.2006 U/s 368/34 of IPC of Police Station Barela, District Jabalpur (Madhya Pradesh).
This was a case of a girl (20), resident of Village Silua, Police Station- Barela in Jabalpur district who was allegedly kidnapped on November 17, 2005 at about 4.30 p.m. from her residence by Rajiv Tiwari and two other persons and taken to Allahabad on the intervening night of November 17 and 18, 2005. Since then her whereabouts were not known. The local police had filed chargesheet before the Court of Additional Sessions Judge (SC and ST cases), Jabalpur on October 25, 2006 against the three persons U/s 366/368/34 of IPC and Section 3 (2) (5) of SC/ST (Prevention of Atrocities) Act, 1989. Aggrieved with the mode of investigation of Local Police, the father of the girl had filed Habeas Corpus Petition before the High Court seeking CBI investigation.
CBI had conducted exhaustive investigation to trace the missing girl at the place of occurrence at Village Silua and other places of Madhya Pradesh and Uttar Pradesh. A number of witnesses, including family members, relatives of the missing girl, teachers of her School, and a cross-section of people in her village were examined. During investigation, it was found that Rajiv Kumar Tiwari was having an affair with the girl. On November 6, 2005, he was publicly reprimanded by the girl’s father. On false pretext, the girl was made to travel to Allahabad on November 17, 2005 by Rajiv Kumar Tiwari with the help of two others (both resident of Village Silua, Jabalpur district). Rajiv Kumar Tiwari further informed the girl over telephone to go with the persons sent by him to Allahabad. Khachu Ahirwar and his wife Mamta Ahirwar received the girl at the station and allegedly sold her to another person at Tehsil Moth in Jhasni district of Uttar Pradesh for Rs. 18,000 on November 24, 2005. After that the girl was forcibly married to that person. The girl was later traced. She contacted her family at Village Silua in May 2008 and informed them that she was happy with her husband. The High Court has allowed the girl to live with her husband.
After completing the investigation, CBI filed a chargesheet against the accused on December 29, 2008 in the Court of Additional Sessions Judge (SC and ST cases), Jabalpur. The Trial Court found Rajiv Kumar Tiwari, Khachu Ahiwar and his wife Mamta Ahiwar guilty and convicted them.