SUNILKUMAR RAMVILAS SING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 389 of the Criminal Procedure Code seeking suspension of substantive sentence and enlargement on bail during the pendency of the appeal. The applicant herein is accused no.1 in Sessions Case No.667 of 2008. The applicant by a judgment dated 17th September, 2019, is convicted by the Additional Sessions Judge, Pune, for the offence punishable under Section 364-A read with Section 34 of the Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for life and pay fne of Rs.2,000/-, in default, simple imprisonment for two months.

(2.) The case of the prosecution is that on 12 th June, 2008, one Mr. Makrand Kelkar had been to the house of his mother-in-law at Sadashiv Peth in order to take her for medical treatment to the hospital. The daughter Miss 'X' was also with him at Sadashiv Peth. She told her father that she wanted to purchase a notebook and therefore he had requested their neighbour Mrs. Pendse to accompany his 10 years old daughter to the book shop. He returned from the hospital about 8.00 pm. However his daughter had not returned home. Upon enquiry the neighbour Mrs. Pendse informed him that she had taken Miss 'X' to the shop of Mr. Sapre. However, they could not get the notebook which the child wanted and thereafter Mrs. Pendse had returned home and asked the girl to by the notebook from a nearby shop. The father of Miss 'X' i.e. PW-1 had inquired with Mr. Sapre and he learnt that he had addressed her to Akshar Bhandar. He had received a call on his cell phone at about 8.30 to 9.00 pm. The frst call was a blank call. On the second call he had been informed by a lady that his daughter was in her custody. She had demanded Rs.30,00,000/- as ransom and also threatened of dire consequences in the eventuality he would contact the police. As the father could not fnd the daughter, he was constrained to lodge a missing report.

(3.) On the next day i.e. 13 th June, 2008, he had received a call from his sister that the victim girl Miss 'X' was reached to her home by somebody. The investigation was set on motion. On 13th June, 2008, the Anti Extortion Cell had initially apprehended accused no.1 near Saibaba temple. She had disclosed to the police that accused no.2 would be reaching there. She pointed out a person to the police and they had arrested the present applicant on the basis of the information of accused no.1. The police had seized a brown coloured bag from the possession of the present applicant. The bag was containing nightwear, a receipt of Orient Lodge, Rs.487/-, identity card, visiting cards and debit cards. According to PW-3, who had acted as a panch for the seizure of the said bag. each of the goods were sealed separately.