PRADIPBHAI HARIBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.01.2005, passed by the Additional Sessions Judge, Fast Track Court No.7, Surat, in Sessions Case No.43 of 2004, whereby he was convicted for the offences punishable under Sections 363, 364(A) and 365 of the Indian Penal Code (for short the IP Code). For conviction under Section 363 of the IP Code, the appellant has been sentenced to undergo simple imprisonment for one year and fine of Rs.100/, in default of payment of fine, he shall undergo further simple imprisonment for one day. For conviction under Section 364(A) of the IP Code, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.250/, in default of payment of fine, he shall undergo simple imprisonment for two days. For conviction under Section 365 of the IP Code, the appellant has been sentenced to undergo simple imprisonment for one year and fine of Rs.100/, in default of payment of fine, he shall undergo further simple imprisonment for one day. All the sentences were ordered to run concurrently.

(2.) AT the outset it needs to be stated that the appellant has jumped furlough leave and is absconding since 25.11.2005, but in view of the decision of the Division Bench of this Court passed in Letters Patent Appeal No.918 of 2001 on 17.02.2009, the present appeal is taken up for final hearing and is decided on merits.

(3.) THE brief facts of the prosecution as emerged during the trial is that on 05.01.2004 at about 17:00 hours, the appellant kidnapped Pappu @ Kano aged about two years from the lawful custody of original complainantPitambar from Vishram Nagar Society, Plot No.115 ved road, Surat and demanded ransom of Rs.1,30,000/on telephone. The appellant also threatened the original complainant of dire consequences if the demand of ransom is not satisfied and thereby the appellant committed offence punishable under Sections 363, 364(A) and 365 of I.P. Code. A complaint in respect of this incident was lodged by the complainantPitambar Vrundavan Jena, father of the victim body. In pursuance of this complaint, FIR vide Chowk Bazar Police Station ICR No.1 of 2004 came to be registered.