SHASHIDHAR PURANDHAR HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants faced trial for alleged commission of offences punishable under Sections 363, 368, 506 and 507 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). The trial Court directed acquittal of the present appellants being of the view that the accusations have not been established. In appeal by the State, by the impugned judgment the High Court held that the appellants were guilty of offences punishable under Section 363 read with Section 34, IPC and were also liable to pay a fine of Rs.1,000/-. Appellant No.1 additionally was sentenced to undergo imprisonment for three months on each count for the offences punishable under Sections 506 and 507, IPC. It was directed that in case the fine is paid, a sum of Rs.1,000/- was to be paid to Niranjan (PW-3) the victim. The appellants are described as A-1 and A-2 hereinafter.

(2.) The background facts and the findings of the trial Court are as follows: Nirajan (PW-3) is the son of Sudhkar Kamat (PW-1) and was studying in St. Anthonys school. PW-3 was a minor then. On 16-2-1989 at about 4.00 p.m. when Niranjan (PW-3) was in his class, his friend Sachin informed him that somebody wants to see him. Accordingly, PW-3 went out of his class room and saw A-1 standing near a motor-bike. He told PW-3 that Dr. Prabhu who is PW-3s brother-in-law has asked him to take PW-3 whereupon PW-3 told him that he could not go out without the permission of his teacher. A-1 told him that he had already taken permission from his class teacher. Thereafter, he was taken in his motor-bike as a pillion rider. When they reached the 5th Main Road, A-2 was there. All the three of them went by motor-bike. Though PW-3 requested them that he would keep his school bag in his house, A-1 did not agree and he was taken away. Thereafter, they went into a forest for about 2 furlongs where A-1 collected his phone number. When PW-3 enquired about his brother-in-law Dr. Prabhu, A-1 told him that he would find out about his brother-in-law. At about 6.30 p.m. A-1 came back and discussed something privately with A-2. Then A-2 told him that he had lost his ring and so saying he went to search for the lost ring. However, PW-3 became suspicious and asked A-1 to take him to his house. But A-1 assured him that after A-2 returned, they would go. When PW-3 insisted he threatened him saying that there was a ghost in that place which made him to cry. At that time A-1 threatened him by showing a knife saying that he would stab him.

(3.) After some time one Nagapathy brought A-2 holding him. A-1 dragged PW-3 inside the forest and hid him covering his mouth with his hands. PW- 3 had made some sound with his legs as he heard the voice of Narasimha Barakura (PW-5) who is his brothers friend. Then they flashed a torch light and saw that PW-3 was being held by A-1. Immediately they apprehended A-1. Thereafter, all the persons came to the house of PW-1 and subsequently they produced him before police. (So the evidence of PW-3 gives a clear picture as to how these accused persons kidnapped him and held him in the forest.) In the meantime, PW-1 had been informed over the phone by A-1 that he had kidnapped his child and he would be killed if he failed to pay Rs.3 lakhs. The fact that A-1 had telephoned at about 4.30 p.m. is spoken to by Rajendra (PW-7) who is a rice mill owner and also P.V. Hegde (PW-11) who is working as a manager in the shop. According to PW-11 at 6.00 p.m. A-1 telephoned to some one. It is no doubt true both PWs 7 and 11 could not know what he had spoken or to whom he had telephoned. But the fact remains that he had telephoned and those calls were received by PW-1 who is none other than the father of PW-3. He had clearly stated that the person who had spoken over the telephone had demanded a lump sum of Rs.3 lakhs for returning his child, lest he would be killed. PW.1 was also informed that he had to keep the money in a place where kumkum and lemon were placed and he had also mentioned the place where exactly that rock was located. He was also threatened that if he reported the matter to the police, he would be done to death. Therefore, he could not immediately inform the matter to the police. However, he mustered courage and telephoned his nephew Sri Prakash who came to him with his friend Narasimha Barakura (PW-5). Thereafter, they all went to the school and enquired from one teacher and also the friends of PW-3. They learnt as to what had happened to PW-3. Therefore, this fact was informed to these witnesses and they went to the indicated place and verified where they found the kumkum and lemon kept near a rock. After verifying this, they came back and collected some fake currency notes and put it in a bag and returned to the same spot where this kumkum and lemon was kept, they left the bag there and kept watch on the ground. At about 6.30 p.m. A-2 came to the spot and he was attempting to take the bag kept by these witnesses. In the meantime, these persons caught hold of him and on enquiry he revealed that A-1 was holding PW-3. Accordingly, all of them took A-2 to that place and apprehended A-1 who was holding PW-3 as stated above. Information was lodged with police and the apprehended accused persons were handed over to police. After investigation was completed, charge-sheet was filed. Accused persons pleaded innocence. The above version was unfolded during trial.