STATE Vs. TAPAN KUMAR MANDAL

JUDGEMENT

(1.) The State has preferred the present petition for leave to appeal against the judgment dated 21.02.2011 of learned Additional Sessions Judge in SC No.226/2009 by which the Respondent Tapan Kumar Mandal was acquitted of the charge of committing the offence punishable under Section 368 IPC. The prosecution alleged that on 21.03.2008 at around 10.15 P.M. Akash @ Akku aged 9 years was kidnapped for ransom. During investigation, the child was recovered from the possession of Pardeep Dev and Vishnu Vishwas. They informed in their disclosure statements that after kidnapping, the child was kept at the house of the accused at Ward No.25, Professor Colony, PS Forbis Ganj, District Ahraria, Bihar. The police arrested the accused for harbouring the kidnappers and wrongfully concealing the kidnapped child at his house.

(2.) After appreciation of the evidence on record and considering the rival contentions of the parties, the Trial Court acquitted the Respondent. The kidnappers Pardeep Dev and Vishnu Vishwas were however, convicted for committing the crime under Section 120-B IPC, and Section 364-A IPC r/w Section 120-B IPC.

(3.) Learned APP argued that the Trial Court did not appreciate the evidence in its true and proper perspective. The victim Akash @ Akku categorically identified the Respondent in the Court as being the person in whose house he had been kept after kidnapping. The victim Akash had no ulterior motive to falsely implicate the accused. The victim s parents had no prior animosity with the accused. For these reasons, the Trial Court failed to appreciate that a criminal conspiracy had indeed been hatched by the Respondent with co-accused Pardeep Dev and Vishnu Vishwas and that he had facilitated the crime by concealing the child in his house.