ADITYA SHAM CHATURVEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has impugned Judgment and Order dated 30.06.2018 passed in Sessions Case No. 198 of 2014, by the learned Additional Sessions Judge, Pune, thereby convicting him under Sections 363 and 365 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years for each of the offences and to pay a total fine of Rs.2,000/-, in default of payment of fine to further suffer simple imprisonment for one month on each count. The Trial Court has directed that, the sentences shall run concurrently.

(2.) Heard Mr. Joshi, learned counsel for the appellant and Smt. Ambekar, learned A.P.P. for the respondent-State. Perused entire record.

(3.) The prosecution case in brief is that, on 06.01.2014, at about 3.30 to 3.45 p.m., Mr. Azad Gulam Mohd. Chaudhari (PW-1) along with his friend Mr. Tushar Jadhav (PW-7) was waiting for a Tempo, opposite KRB Company, in front of Gurudatta Engineers situated on Mundhwa-Manjri Road, to carry material required for fabrication business. At that time, Mr. Azad Chaudhari (PW-1) and Mr. Tushar Jadhav (PW-7) noticed two boys on motorcycle, which stopped at a distance of about 10 feet from them. The said boys were wearing helmet and had covered their faces with handkerchief and they were also wearing hand-gloves. White paper was pasted by cello tape on the number plate of the motorcycle. Mr. Azad Chaudhari (PW-1) and Mr. Tushar Jadhav (PW-7) therefore got suspicious about the said two boys. At about 4.00 p.m., a white color school van came from Mundhwa side. Three children of 5-6 years of age alighted from the said van. The said children were proceeding to their house. The two boys who were on the motorcycle started their vehicle and followed the said children. PW-1 and PW-7 got more suspicious about the movements of the boys on the motorcycle and therefore PW-7 started his motorcycle and they followed the motorcycle of the said two boys. PW-1 and PW-7 saw that, the pillion rider of the said motorcycle forcibly caught one boy out of the said three children, lifted him and kept him on the motorcycle in between the motorcycle rider and pillion rider. One girl out of the said three children started shouting as "Sumit, Sumit". The boys on the motorcycle started proceeding with speed. PW-1 and PW-7 therefore chased the motorcycle of the said two boys and tried to stop it. However, the rider of the said motorcycle did not stop and therefore PW-7 gave a dash of his motorcycle to the motorcycle of the said boys. Due to the dash, the motorcycle of the said boys along with the said small boy fell down. PW-1 apprehended the motorcycle rider. The Pillion rider tried to run away, however PW-7 apprehended him. In the meantime, people present nearby gathered there. Upon enquiry by the people, the motorcycle rider disclosed his name as Ashish Shukla (Juvenile in conflict with law) and the appellant as Aditya Chaturvedi. In the meantime witnessing the incident of abduction of a small boy by two motorcycle riders, Advocate Mr. Sanjay Pingale (PW-5) who was residing near the spot of incident, gave a phone call to the Police. After receipt of phone call the police personnel rushed to the scene of offence and accosted the appellant and co-accused (Juvenile in conflict with law). Meanwhile Ms. Roshani Prasad (PW-3) i.e. the real sister of Sumit Prasad (PW-2) along with their father (PW-6) came at the spot. PW-6 and PW-3 confirmed the identity of Sumit Prasad (PW-2) and Sumit was given in the custody of his father (PW-6). Police effected spot cum seizure panchanama (Exh.25) at the scene of offence itself and a Hero Honda motorcycle bearing No.MH-12-KG-5767 along with the helmets, hand-gloves and other articles were seized by the police.