MOTU ALIAS KESHAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals have been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973, against the common judgment dated 31.12.2011 passed by the learned 2nd Additional Sessions Judge, Bilaspur, in Sessions Trial No. 44/2011 whereby they have been convicted and sentenced as under: <FRM>JUDGEMENT_32_LAWS(CHH)1_2018_1.html</FRM>

(2.) Since both these appeals arise out of the common judgment, therefore, they are being decided by this common judgment.

(3.) Briefly stated, the case of prosecution is that on 25.11.2010 a girl, namely, Chandrahasini, the victim aged about 7 yeas old, went to School, namely, Saraswati Shishu Mandir at 09:30 am, but has not returned home even at 5:00 pm. Her father Faguram Jaiswal has, therefore, made an enquiry from his neighbours and when he did not receive any information regarding whereabouts of his daughter, approached the School Headmaster Lakhan Singh Goutam, who in turn, informed him that one unknown person of 5 feet height having long hair has come to the School by his motorcycle bearing its registration No. CG-10/ED-6242 at about 12:30 pm and took the said child by saying that her father has called her for going to the village. Further prosecution story is that in the night at about 10:45 pm, a phone call has been received from one unknown person on Mobile No. 9589178283 owned by Ramesh Jaiswal, uncle of the said child, from Mobile No.9589815893. The said call was received by the wife of said Ramesh Jaiswal, with whom, the said unknown person informed that he has kidnapped the said girl and has demanded ransom of Rs.5,00,000/- (five lakhs only) in lieu of releasing the said child. He called twice on the said mobile number.