(1.) The present Criminal Appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 ('CrPC') has been preferred by the three appellants herein against the judgment and order dtd. 21/3/2017 passed by Additional Sessions Judge, Fast Track Court, Mahasamund in Sessions Case No.22/2016, by which A-1 Avon and A-3 Vikas have been convicted under Ss. 363, 364A and 120B of the Indian Penal Code, 1860 ('IPC') and A-2 Pintu has been convicted under Ss. 363, 364A/34 and 120B of IPC and each of them has been sentenced in the following manner:- <FRM>JUDGEMENT_34_LAWS(CHH)2_2024_1.html</FRM>
(2.) On 2/2/2016 at about 12:25 p.m., A-1 Avon and A-2 Pintu Chouhan kidnapped the minor victim (PW-17), aged about 3' years, from her school. Thereafter, A-1 Avon from Mobile No.7389248306 called PW-3 Vikas Nirmalkar, father of the Victim, on his Mobile No.9229664156 and demanded from him Rs.10.00 Lakh as ransom, failing which he would have to face dire consequences. PW-3 Vikas Nirmalkar called twice on the said Mobile No.7389248306 but it was switched off. Thereafter, F.I.R. (Exhibit P-13) was lodged by PW-3 Vikas Nirmalkar at Police Station Mahasamund. Subsequently, at about 8:00 p.m., the Victim was recovered by PW-3 Vikas Nirmalkar near his house. Her recovery panchanama was made vide Exhibit P-2. On a searched launched by the police authorities, the three appellants were apprehended on 3/2/2016 and their memorandum statements were recorded vide Exhibits P-3, P-5 and P-7 respectively.
(3.) Pursuant to the memorandum statement of A-1 Avon, one Hero Deluxe Motorcycle bearing Registration No.CG06P-1054, one mobile of Intex company and one SIM No.7389248306 were recovered vide Exhibit P-4. Pursuant to the memorandum statement of A-2 Pintu, one two-SIM mobile phone of Intex Company bearing IMEI No.911483000681540 and IMEI No.911483000681557 and one black-blue shirt were recovered vide Exhibit P-6. Similarly, pursuant to the memorandum statement of A-3 Vikas, one mobile handset of Maxx company bearing two SIM Nos. 9907087985 and 7879844039 and one Splendor Motorcycle bearing No.CG04DX2083 were recovered vide Exhibit P-8. Vide Exhibits P-18 and P-19, Test Identification Parade ('TIP') was conducted by PW-14 Rajendra Prasad Tiwari, Tahsildar, Mahasamund and proved by PW-12 Mohan Lal Dhruv, Jail Superintendent, Mahasamund, in which A-1 Avon and A-2 Pintu were identified by the Victim (PW-17). After completion of the investigation, the appellants were charge-sheeted for the aforesaid offences and the matter was put to trial before the Court below in which the appellants abjured their guilt, took a plea of false implication and entreated for trial.