STATE OF U.P. Vs. ANIL

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and order dated 03. 06. 2010 passed by Additional District and Sessions Judge, Fast Track Court No. 1, Kairana, Muzaffarnagar in Sessions Trial No. 467 of 2004, whereby the court below has acquitted the respondents of the offence under Sections 364A and 368 of IPC.

(2.) As per prosecution case, on 29. 11. 2002 at about 06. 00 p. m. , accused persons abducted PW-1 Prempal Sharma and PW-5 Suhendra Lal Jain. These abductees were working as Line Man and Junior Engineer respectively in the Electricity Department. When PW-5 Suhendra Lal Jain did not return to his house, his brother PW-3 Ramesh Chandra Jain lodged a missing report on 30. 11. 2002 vide Report No. 48. Further case of the prosecution is that the accused persons demanded Rs. 40 Lakhs, as ransom and after due settlement, about 14 Lakhs was given to the accused persons. After return of PW-5 Suhendra Lal Jain, another report was lodged by his wife informing the police that ransom amount of Rs. 14 Lakhs was arranged by her and the same was also given to the accused persons.

(3.) While framing charge, the trial judge framed charge against the accused persons under Sections 364A and 368 of IPC.