GUDDOO Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal arises from the judgment dated 01.12.2006 passed by the Additional Sessions Judge, Fast Track Court No. 1, Fatehpur. The learned court below has recorded conviction of the accused appellant-Guddoo @ Nitin Singh for offence punishable under Section 364-A IPC. and sentenced him to undergo imprisonment for life. The learned court has also imposed fine of Rs. 10,000/- and in default thereof, provided the appellant would undergo additional rigorous imprisonment for one year. The appellant-Guddoo @ Nitin Singh is disclosed to be in jail since 09.06.2005, i.e. for last fifteen years.

(2.) The prosecution case is - on 02.04.2005, a missing person report was lodged by Suresh Kumar Sahu, PW-1 (paternal uncle of the victim) at the Police Station Khakhreru, District Fatehpur, reporting that his nephew Aman, aged about nine years, had gone missing while the latter had been riding a bicycle, in the village. His abandoned bicycle was found near Medipur village. More than two months after the said report had been lodged, the said Suresh Kumar (PW-1) made another written report at P.S. Khakhreru, on 09.06.2005. In that report, he made further allegations against still unknown miscreants - of demand of ransom. Personal clothes and slippers of the victim and, a ransom note were disclosed to have been received from unknown miscreants. The same were stated to be available with Rajesh Kumar (PW-3), father of the victim. On 09.06.2005 itself, the appellant-Guddoo @ Nitin Singh and another accused-Lala @ Digvijai Singh @ Rahul are said to have been arrested by the police of P.S. Dhoomanganj, District-Allahabad (now Prayagraj) and the victim recovered from their illegal custody, at a place described as jungle near the Military Farms, on the eastern side of Devprayagam Colony, in District Allahabad. The third accused Munna Singh is also claimed to have been named by the victim and also the accused persons Guddoo and Lala (upon their arrest), as being the third person involved in the kidnapping.

(3.) Upon completion of the investigation, appellant-Guddoo @ Nitin Singh, co-accused Lala @ Digvijai Singh @ Rahul and Munna Singh were charged for offence under Section 364-A IPC. They pleaded not guilty and were hence tried.