RAJA MOHAMMED AND ORS. Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 21.3.2007 passed in Sessions Case No. 5 of 2005 by the Chief Judicial Magistrate Court, Cuddalore are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that on 18.2.2002, at about 7 p.m., the first accused by name Raja Mohammed has contacted Sun Cabs Travels over phone and introduced himself as Ismail and as per the order placed by him, on 20.2.2002 at about 10 a.m., a Tata Sumo Car has been given to him for rent and its Registration Number is T.N. 09 -R 6874. The said Car has been driven by the defacto complainant by name Senthoor Pandian. The defacto complainant has met the first accused and he introduced himself as Ismail. The remaining accused have also boarded into the car. Instead of going to Airport, Chennai, they directed the defacto complainant to drive the Car towards Cuddalore from Meenambakkam and accordingly, the defacto complainant has done it. On Kumbakonam to Panrutti Road, near Vadalur, all the accused have joined together and pushed the defacto complainant from the Car and subsequently stealthily taken away the same. After occurrence, the defacto complainant has given a complaint in Vadalur Police Station and the same has been registered in Crime No. 62 of 2002.

(3.) On receipt of the complaint, the Investigating Officer, viz., P.W. 20, has taken up investigation. During pendency of the same, on 8.11.2002, P.W. 20 has received an information from the Inspector of Police, Seven Wells Police Station with regard to arrest of the accused Nos. 1 and 2 and on the basis of such information, P.W. 20 has recovered the vehicle, viz., Tata Sumo Car bearing Registration No. T.N. 09 -R 6874 and also conducted Identification Parades on various dates and after completing investigation, laid a final report on the file of Judicial Magistrate Court No. 3, Cuddalore and the same has been taken on file in P.R.C. No. 7 of 2004.