LAL BABU Vs. STATE

JUDGEMENT

(1.) BEING unconventional, for reasons which would be evident hereinafter, we note the reasoning of the learned Trial judge while convicting Mangal, Prem Kumar and Lal Babu for the offence of having kidnapped for ransom Santosh Kumar and simultaneously acquitting co-accused Singheshwar and ram Babu. Needless to state, the three convicted accused have been sentenced to undergo imprisonment for life for the offence punishable under Section 364a IPC. For the offence of kidnapping punishable under Section 363 IPC all have been sentenced to undergo rigorous imprisonment for two years as also to pay a fine of Rs. 2000/- each. Both sentences to run concurrently.

(2.) THE reasoning of the learned Trial Judge is in paras 10, 11 and 12 of the impugned judgment and order dated 25. 7. 2003. The same reads as under:

(3.) IT is apparent that co-accused Singheshwar and ram Babu have been given the benefit of doubt with reference to the statement of Santosh (the kidnapped child)recorded under Section 164 Cr. P. C. soon after he was rescued.