MOHAN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeals have been preferred by the appellants against the judgment and order dated 21.12.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.7, Lucknow in Sessions Trial No.95B of 2007 & S.T. No.95C of 2011,arising out of Case Crime No.91 of 2006, under Sections 364A, 342, 394 I.P.C., Police Station-Tal Katora, District Lucknow by which the appellants, namely, Mohan Sharma, Sohan Sharma and Rajesh Joshi have been convicted and sentenced for the offence under Section 364A I.P.C. for life imprisonment with fine of Rs. 5,000/- each, under Section 342 I.P.C. for one year R.I. and for the offence under Section 394 I.P.C. for 10 years R.I. with fine of Rs.5,000/- each and all the sentences were directed to run concurrently.

(2.) The prosecution case in brief is that, on 17.4.2006 a missing report was lodged by the informant, namely, Shiv Kumar Sharma at Police Station Tal Katora, District Lucknow stating therein that on 16.4.2006 the informant's son, namely, Rohit Kumar Sharma alias Vikki aged about 16 years is missing since 6 P.M. who while leaving the house had informed his mother that he was going in a birthday party of his friend. The informant after great search could not trace out the whereabouts of his son, hence, on 27.4.2006 he again submitted another written report to the concerned police station that on 17.4.2006 he had lodged a missing report of his son, namely, Rohit Kumar Sharma alias Vikki at the concerned police station and he has been continuously searching his son and he has come to know on a information received on phone that his son Rohit Kumar Sharma alias Vikki is in custody of some person and he has been asked to make an arrangement of Rs.30 lacs at once for which he would be given another phone call and would be informed that where to deliver the said money and whose behest the same has to be brought and to be given and if any information is given to the police about the same or he is unable to arrange the said money, his son would be killed. The informant on receiving the said information was very much worried and after much thinking over the matter he had given the said report to the police under the belief that his son would be rescued.

(3.) On 27.4.2006, the police had received an information by an informer that the abudctee had been kept in the house of one Rajesh Joshi and on believing on the said information, the police party along with the informant, namely, Shiv Kumar Sharma raided the house of Rajesh Joshi and three persons were seen fleeing from the place of occurrence. It was informed by the informant, namely, Shiv Kumar Sharma that two persons who had fled away were the Mohan Sharma and Sohan Sharma respectively and the third person was not known to him. Thereafter, the police entered into the house of Rajesh Joshi and on search being made it was found that three other persons, namely, Raj Kumar Sharma, Ravindra Kumar Sharma and Sonu alias Amit were present there along with the abudctee Rohit Kumar Sharma alias Vikki in the said house, who was chained by the accused persons. The said three accused persons, namely, Raj Kumar Sharma, Ravindra Kumar Sharma and Sonu alias Amit were arrested by the police and the abductee Rohit Kumar Sharma alias Vikki was rescued by them. A recovery memo of the abductee child was prepared by the Station Officer, namely, Sanjay Maurya of Police Station Tal Katora, District Lucknow on 27.4.2006 at 13.10 hours. The fard recovery memo which was prepared, was signed by the said three accused persons, namely, Raj Kumar Sharma, Ravindra Kumar Sharma and Sonu alias Amit and thereafter an FIR was lodged as Case Crime No.91 of 2006, under Sections 364A, 394 & 342 I.P.C., Police Station-Tal Katora, District Lucknow.