RAJA HIRALAL YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two Appeals are directed against the judgment dated 14th November, 2009 passed by Additional Sessions Judge, Kalyan thereby convicting the appellants/original accused nos. 1 and 3 and other original accused nos. 2 and 4 for the offences punishable under section 364A read with section 34 of IPC sentencing them to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each, in default, to suffer R.I. for six months. The prosecution case, briefly stated, is as under:

(2.) The prosecution has examined in all nine witnesses to prove the case against the accused. The learned counsel for the appellants has submitted that the prosecution did not tender any evidence on the point of kidnapping of Chirag and identification of the accused. No nexus is established between the accused and culprits, who have actually kidnapped the child. The learned counsel argued that panchanama (Exhibit 15), i.e. of the place from where Chirag was kidnapped, does not help the prosecution to prove a fact of kidnapping. He submitted that prosecution could not establish the offence of kidnapping much less the offence under section 364A of the IPC.

(3.) The learned APP while opposing the appeals supported the judgment of the Sessions Court.