SULOCHANA TRIMBAK BIRARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is the original accused No. 2 in Sessions Case No. 57 of 2004 decided by the III Adhoc Addl. Sessions Judge, Malegaon. By a judgment and order dated 17th February, 2006, the appellant is convicted for offence punishable under Section 364-A read with Section 34 of IPC and is sentenced to suffer rigorous imprisonment for life and fine of Rs. 2,000/-, in default to undergo further R.I. for six months. Being aggrieved by the said judgment and order, the appellant has preferred the present Appeal. Such of the facts which are necessary for the decision of this Appeal are as follows:-

(2.) The accused have not examined any witness in their defence. PW-1 Sunil Gade, is the Executive Magistrate, who had conducted the test identification parade. In the course of the test identification parade, witnesses Vikram Patil and Jyotsana Upasani identified original accused No. 1.

(3.) Pw-2 Kailas Pagar is the father of the victim Sarthak. According to him, on 28.2.2004, he had sent his son Sarthak to Arihant Provision Stores from where he did not return. He informed his younger brother who was residing near the shop to search for Sarthak. He deposed about the circumstances which led him to suspect Samadhan son of Pandurang Ahire who might have kidnapped Sarthak. On 29.2.2004, he lodged a report. On the same day in the evening. At about 7.00 to 7.15 a.m., he had received a phone call from a person who informed him that the child was in his custody and the said person demanded from him a ransom of Rs. 5 lakhs. At that juncture, he realised that Samadhan had not kidnapped his son, but somebody else had kidnapped him for ransom. As caller I.D. Was attached to his phone and therefore, it was known that the phone was made from the Village Talasari. On 1.3.2004, he had again received a phone call at 7 to 7.15 p.m. The phone call was made from Vani. The phone number was traced. At that time also the caller had questioned him as to whether the amount was ready and had directed him not to report the mater to the police. On 2.3.2004, he again received a phone call from the same person. He accordingly informed the police. The police then informed him that the whereabouts of the boy are known. PW-2 came to Vani Police Station and learnt that Vijay Pandurang Sonawane, resident of Mulane, was arrested and in the course of interrogation, he had admitted that his son is kept at Surat with his beloved Sulakshana Trimbak Birari. In the cross-examination, PW-2 has admitted that on 2.3.2004, accused No. 1 had given detailed address as to where he had kept the child at Surat. The accused No. 1 was not interrogated in the presence of the complainant. The credibility of the witness has not been shattered in the cross-examination. PW-2 has squarely established that he had received phone calls on three occasions and a ransom was demanded from him by keeping the child in detention. PW-2 has proved the contents of the FIR which is at Exhibit 35.