STATE OF U P Vs. BARPHI

JUDGEMENT

(1.) AGAINST a judgment and order dated 1-3-1978 of Shri K. S. Misra then Assistant Sessions Judge, Mathura, acquitting accused- respondents Smt. Barfi, Ganga Prasad, Devi Ram and Har Charan of offences under sections 363, 364, 365, all read with sections 109 and 368 of the IPC and Radha Ballabh alias Bitta, Raghubir, Lalta Prasad, Smt. Basanti and Bissu under sections 363, 364, 355/109 368 and 386 IPC. The State has preferred appeal. AGAINST the same judgment, the criminal revision has been preferred by the complainant Shyam Sunder.

(2.) BRIEFLY stated the facts relevant are that the complainant Shyam Sunder (PW 1), son of Mohan Lal is a resident of House No. 337, Mohalla Chuna Kankar, situated in Holi wali lane in the City of Mathura. His Son Lalit, aged about 4 years was during the relevant period a student of a school known as Gyandip School along with the other children of the family. They used to go to the school by a rickshaw and return by the same. On 26-9-1975 the date of occurrence Lalit as usual had gone to the school with his sister and the cousins and returned home around 12.30 P.M. with them and was seen going upstairs in the house by his father Shyam Sunder who later went to sleep at about I 30 P.M., Near about: 3.30 P.M. the mother of Shyam Sunder informed that Lalit was not traceable in the bouse. He had also not presented himself before the tutor who at that time was teaching other children in the ground floor hall of the' house. on this Shyam Sunder and other family members set out in search of the boy who was not to be found and an information regarding the same was given by Shyam Sunder to the Police Control Room. Is was recorded in. the diary of the flying squad at 5 P.M. on 26-9 -1975 vide Exhibit Ka 2. Apart from searching the boy at various places including bus stand etc announcement was also made on the loud speaker and through All India Radio and Hindi newspaper Amar Ujala dated 29-9-1975. When all efforts failed, apprehending that the chiid had been kidnapped a written report Exhibit Ka 1 was delivered at Police Station Kotwal Mathura by the complainant on 29-9-1975 disclosing his apprehension about the kidnapping having been done to harm and even to kill the child. After some preliminary enquiry by A S.I. Uma Shankar Misra (PW 11) FIR was registered at the Police Station on 3-10-1975 vide GD Entry No. 4. Investigation of the case was then entrusted to R K. Punetha PW 14) then Second Officer at Police Kotwali, Mathur- who besides making efforts to search the chiid Lalit also deputed informers for the purpose.

(3.) ON 17-12-1975 the Investigating Officer Shri Punetha received information from another informer deputed by him that the boy Lalit was being kept since about 20.25 days in their house in village Kamai, by accused Devi Ram and Har Charan and if a raid was conducted he might be recovered ON this, the Investigating Officer along ' with some members of the police force reached village Kamai and made enquiries from Nannoo Ram (PW 8), Durga Prasad (PW 9) and Ram Bharose. leading to the information that for about 20-25 days a boy aged 4 5 years of very fair complexion was seen with accused Har Charan and Devi Ram in their house. ON being enquired the boy gave out his name as Lalit son of Shyam Sunder resident of Mathura, and referred to Devi Ram and Har Charan as Mama. During the said period accused Radha Ballabh alias Ballo and Bissu were also once seen at the place of Devi Ram and Har Charan and all the four were talking amongst themselves.