WILLIAM STEPHEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These two Appeals have been preferred by the accused nos.2 and 1 respectively against the impugned judgment dtd. 27/7/2016 passed by the High Court of Judicature at Madras, whereby their conviction and sentence have been confirmed. The appellants-accused have been convicted for the offence punishable under Sec. 364A read with Sec. 34 of the Indian Penal Code, 1860 (for short, "IPC"). Both of them have been sentenced to undergo life imprisonment.

(2.) With a view to appreciate the controversy, a brief reference to the factual aspects will be necessary. PW-1 and PW-3 are respectively the father and the mother of PW-2 (the child who is the victim of the offence). The age of the child-PW-2 at the relevant time was eight years. The childPW-2 was taking education in third standard. After returning from the school, the child-PW-2 used to visit the house of PW-5, who was running tuition classes. The child-PW-2 used to return around 07:30 p.m.

(3.) On 20/10/2010, the child-PW-2 did not return from the tuition class at usual hour. The case of the prosecution is that after the tuition class was over, while the child-PW-2 was walking back towards his home, a Maruti Car came there. Two persons (appellants-accused) came out and told the child-PW-2 that his father was going to purchase a car from them and, therefore, he should accompany them. Accordingly, the child-PW-2 got into the car and was kidnapped by the appellants-accused.