SACHIN KRISHNA MUNGURDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for an offence punishable under Section 363 read with Section 34 of the IPC and Section 364 -A read with Section 34 of the IPC and sentenced to RI for seven years and to pay a fine of Rs.500/ -, in default of which to under further SI for one month and imprisonment for life and to pay a fine of Rs.500/ - in default of which to undergo further SI for one month, by the Ad -hoc District Judge - 3 and Additional Sessions Judge, Pune, by judgment dated 16/08/2012, in Sessions Case No. 171 of 2012, by this appeal questions the correctness of his conviction and sentence.

(2.) FACTS in brief as are necessary for the decision of this appeal may briefly be stated thus: - PW 9 - API Dnyandeo Bhalsing, who, on 15/12/2011 was attached to the Phadgate Police Chowky under the jurisdiction of the Khadak Police Station, recorded the report of PW 1 - Anna Ranjane at Exh. 29. He forwarded the said report/complaint to the Khadak Police Station, where an offence vide Crime No. 309 of 2011 was registered. The investigation was entrusted initially to PW 9 - API Bhalsing. He accordingly instructed the police to search for the accused. The victim was thereafter referred to the Sassoon Hospital but the father of the victim had taken him to Chinmaya Hospital, Sadashiv Peth, Pune. The clothes of the victim were seized under seizure panchanama at Exh. 49. The victim - PW 2 was examined by PW 5 - Dr. Mukund Sangamnerkar, who noticed that the victim, a boy, aged about 13 years, appeared to be confused and frightened with nasal bleeding. He noticed sub conjunct tival, suffusion present, faint reddish strangulation marks over the neck left side and bruising around the right eye. He accordingly issued the injury certificate, which is at Exh. 36. On 16/12/2011 PW 9 - API Bhalsing went to the scene of the incident along with the victim - PW 2. The victim had pointed out the spot and accordingly the panchanama of the scene of the incident was drawn. From the scene of the incident, a black coloured bag, containing note -books, books of Bhave High School, fountain -pen etc. were seized. On the books the name of the victim was written. One sandal was found near the scene of the incident, while the other was found at a distance of 160 ft. from the road. The aforesaid articles were seized under the scene of the incident panchanama at Exh. 50. On 17/12/2011 one PI Temghare attached to the Anti Organized Crime Cell, Crime Branch, Pune City apprehended original accused - Tejas and the appellant. A motorcycle was also seized, which was sent to the police station along with the report at Exh. 51. The appellant was arrested in the presence of panchas under arrest panchanama at Exh. 52. The motorcycle was seized under seizure memo at Exh. 53. On 17/12/2011 statement of one Ambawale who had produced the victim to the Shindewadi Police Chowky was recorded. On 19/12/2011, during custodial interrogation, the appellant expressed his willingness to point out the place, where a handkerchief had been concealed. Accordingly, a memorandum was recorded in the presence of panchas at Exh. 33. The appellant led the police and the panchas to the hilly area and pointed out the place where the handkerchief had been concealed. Accordingly, at a distance of about 50 ft. from the road, a handkerchief has been discovered by the appellant concealed beneath the stone. The said handkerchief was seized in the presence of panchas under seizure memo at Exh. 34. Thereafter, statement of witnesses were recorded. Statement of PW 7 - Ajay was recorded on 8/1/2012. Call details of the telephone calls alleged to have been made from the mobile of the victim to the accused as well as to PW 7 - Ajay were obtained. Unfortunately, the said call details were not produced by the prosecution during the trial. Further to the completion of the investigation, a charge -sheet against the appellant was submitted. Since original accused - Tejas was a juvenile in conflict with law, his case was separated and he was referred to the juvenile board.

(3.) PW 1 - Anna Ranjane, father of the victim, deposes about receiving a telephone call demanding ransom of Rs.60,000/ - for the release of the victim. PW 1 - Anna further deposes that he was informed that his son had safely reached the police station and had accordingly gone to the police station for obtaining the custody of the victim. PW 2 - victim states that on 15/12/20111 he was left at the tuition classes in the morning by his father. Accused - Tejas had come there and when the victim had questioned Tejas as to why he had come, Tejas had replied that he had come to meet his friend. Tejas accordingly told the victim that he would drop him in the school and therefore, he sat on the pillion seat of the vehicle. Tejas and victim proceeded for short distance and Tejas was then joined by his friend who also sat on the motorcycle. When they reached near Hotel Girija, the victim had questioned Tejas as to where they were proceeding and Tejas had informed the victim that since the road was closed, they were required to go by another road. Ultimately, they had gone towards the Sinhagad Road and Tajas stopped the vehicle and took the mobile of the victim. Tejas went near the Dandekar bridge and thereafter had called his friend. Tejas then proceeded further towards the Vadgaon Dhairy bridge and then towards the Katraj bye -pass. They reached near Cheladi road and then came back towards Shivapur. From there they had reached hilly area known as "Mariaai quay". The vehicle was parked there and the accused had walked further, followed by the victim. The victim wanted his mobile phone as he wanted to telephone his father. Accused then pushed him in the grass and pressed his neck by handkerchief. The victim became unconscious and when he regained his consciousness, he noticed that he was alone there. He came near the road and signaled the two wheeler vehicle. He stopped the two wheeler vehicle and informed them about the incident. The drivers of the two wheeler vehicles had asked for the telephone of his father, but the victim was unable to disclose the telephone number. The drivers of the two wheeler vehicles thereafter stopped a car and asked the person to take the victim to the Shindewadi Police Station. The victim had given the telephone number of his father at the police station and accordingly his father was called to the police station. PW 1 - Anna, father of the victim, had then taken him to the Chinmaya Hospital at Sadashiv Peth, Pune, where he was admitted.