BHUPENDRA @ PRAKASH BHARGAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973, against the judgment dated 11.12.2012 passed by the learned Special Sessions Judge, Janjgir-Champa, in Special Sessions Trial No. 260/2011 whereby he has been convicted and sentenced as under: <FRM>JUDGEMENT_88_LAWS(CHH)4_2018_1.html</FRM>

(2.) Case of the prosecution, in short, is that one PremuramThakur, Junior Engineer in South Eastern Central Railway at Akaltara had received a call on his mobile phone on 08.09.2011 at 21:15 hours from an unknown person when he was on duty that his daughter Ku. Mithali, aged about 5 1/2 years old, was in his possession and demanded ransom amount of Rs.3 lakhs in order to release her and, threatened him further to kill his daughter if any information in this regard is furnished to the Police Authorities. He immediately contacted his wife and enquired about his daughter, who in turn, informed him that Mithali has not returned even by 18:30 hours from neighbour Chhotelal Bhargav's house. It is alleged further that after few minutes, he had received a message in this regard from Mobile bearing No.7898886050, and therefore, after returning from his duty, lodged the written complaint before the Station House Officer, Pamgarh, District Janjagir-Champa on 08.09.2011.

(3.) Based upon the aforesaid, an F.I.R. (Ex.P.2) was registered by the Concerned Station House Officer on 08.09.2011 at 22:30 hours under Sections 363 and 364-A IPC against an unknown person. The matter was thereafter investigated by the prosecution agency and as per the disclosure statement (Ex.P.7) of the appellant, a motor cycle in blue colour bearing its registration No. CG-11B-3164 and a white mobile set bearing No.7898886050 was recovered at his instance vide seizure memo (Ex.P.8). It was also disclosed by the appellant that he had thrown away the girl over Arpa river and when it was not recovered despite search being effected, a merg intimation (Ex.P.15) was registered. During further investigation, a print of alleged message sent from accused's mobile bearing No.7898886050 to the complainant's mobile bearing No.9752876469 was collected vide Ex.P.18.