MAHESH SHAH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.

(2.) This appeal has been filed on behalf of Mahesh Shah against the judgement and order dated 12.2.2007 passed by special Judge (D.A.A)/A.D.J., Court No.2, Etawah in S.S.T. No. 48 of 2005 under section 364 A, 368,120B, I.P.C. P.S. Civil Line, District Etawah whereby the accused Pappu Shah alias Jitendra , Mahesh Shah have been convicted for the offence under section 364A/368 IPC and each of them was sentenced with imprisonment for life for both the offences and also fine of Rs. 5000/- each with default stipulation of one year R.I. Both the accused persons, named above, have been acquitted for the offence under section 120 B I.P.C. The accused Kamlesh has been acquitted for the offence under section 364 A/368 and 120 B I.P.C.

(3.) As per the prosecution version, the F.I.R. was lodged with the police on 31.1.2004 at 20.10 p.m. with respect to the incident that occurred on 31.1.2004 at 5.30 p.m. Perusal of the F.I.R. reveals that one boy in the name of Prashant was working in the team of labourers of informant- Pradeep Yadav. His residential address was not known to him. He was working for the last two months alongwith other labourers. About 5 to 6 days prior to the incident, he came to the house of the informant and used to take meals there and used to sleep in the Garage. Thus he developed acquaintance with his son Master Shubh aged about one and half years. On 31.1.2004 at about 5.30 p.m., he took away Master Shubh in his lap out of the house and did not come back. Thereafter a search was made. Inspite of search the boy could not be traced and the matter was reported to the police station on 31.1.2004 at 20:10 hours. The description of the accused, namely Prasant was mentioned in the report. After registration of the case, the investigation proceeded in accordance with law. On 5.2.2004, the Station Officer of P.S. Basantpur, District- Siwan, State of Bihar received a confidential/secret information about the presence of small outsider child in the house of accused Mahesh who has been kidnapped. Acting upon the information, the Station Officer of P.S. Basantpur alongwith police officials and other inmates of the village conducted the search on 5/6.2.2004 at about 1.00 a.m. in the night and recovered one and half years child wearing blue ready-made jacket on a plank (wooden cot) from the room in presence of Pappu Shah alias Jitendra and Mahesh Shah. The recovery memo was prepared and the relevant entry was made in the G.D. of P.S. Basantpur at serial no. 85 on 6.2.2004.The accused Pappu Shah alias Jitendra told about the kidnapping of the son of informant Pradeep Yadav and also disclosed the telephone number. The investigating Officer visited the place of recovery of the child and prepared its site plan and recorded the statements of the witnesses etc.