J SURESH; WILLIAM STEPHEN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in Sessions Case No.73 of 2011 on the file of the learned XV Additional Sessions Judge, Chennai. They stood charged for the offence under Sections 364 (A) read with 34 IPC. By judgement, dated 06.07.2015, the trial court convicted both the accused under Sections 364-A IPC read with Section 34 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1,000/-, each, in default, to undergo simple imprisonment for three months. Challenging the said conviction and sentence, the appellants are before this Court with these Criminal Appeals.

(2.) P.W.1 is a resident of Venkateswara Colony, Madhavaram, Chennai. He was working as a clerk in a Private Company. P.W.3 is his wife. They have a male child, by name, Krish Anand (P.W.2). Krish Anand was studying in third standard, in SBOA School, at Anna Nagar, Chennai. Usually, the child, Krish Anand, used to return from the school, by 04.15 pm and then, around 05.15 pm, he would go to the house of P.W.5, for attending a tuition class. P.W.5 was running tuition classes for the children, at her house at Second Street, Arun Nagar, Madhavaram. After the tuition class was over, it was the usual practice of P.W.2 to return home around 07.30 pm.

(3.) On 20.10.2010, as usual, P.W.2 went for the tuition class around 05.15 pm. The tuition class was over by 07.00 pm. While he was returning to his house, on walk, a Maruti Suzuki Car bearing Registration No.TN05-V-7290, came on the road and near him it was stopped. Two persons were there in the car (later on, identified as accused 1 and 2). They told P.W.2 that his father was going to purchase a car and therefore, they wanted him to come in the said car. Innocently, the child (P.W.2) got into the car. Thus, they kidnapped the child in the said car from Madhavaram.