STATE OF GUJARAT Vs. RAFIQUE IBRAHIM SUMARA

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Additional Sessions Judge, Porbandar acquitting the present respondent-accused for the offence punishable under Section 363 read with Section 114 of the Indian Penal Code in Criminal Appeal No. 9 of 1992 setting aside the order of conviction and sentence passed by the learned J.M.F.C., Porbandar in Criminal Case No.5886 of 19991.

(2.) It is the case of the Prosecution that on 25th June, 1991, minor son of the complainant, Manish went to the school and from there, the present respondent and co-accused abducted and kidnapped him and from there in a train that boy was taken to Songadh T.B.Hospital and from there, he was brought to Porbandar and near the bus stand the accused was found with minor boy Manish and the accused were arrested from the Porbandar bus stand and on completion of the investigation the accused were charge-sheeted. In order to prove the charges levelled against the accused, the present respondent, the Prosecution has examined in all 10 witnesses as under;

(3.) After considering the evidence on record, learned J.M.F.C. has passed the order of conviction mainly relying upon the evidence of P.W.No.5, Manish, who has been examined at Exh.18. However, while considering the appeal, the Sessions Court has not believed the evidence of Child witness P.W.No.5 examined at Exh.18 and has given the benefit of doubt.