SHANKAR TIWARI Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioner, currently serving a life imprisonment sentence for a crime committed in 2006 punishable under Ss. 201, 302, 364-A read with Sec. 120-B of the Indian Penal Code, 1860 ('IPC') and Sec. 8 of the Goa Children's Act, 2003 ('Children's Act'), is seeking appropriate direction to the State Government to accept the recommendation of the State Sentence Review Board ('SSRB') and release him prematurely. The Petitioner has undergone over 15 years of actual imprisonment and served almost 20 years as of the date of this order.

(2.) The Respondent No.1 is the State of Goa, and the Respondent No. 2 is the Inspector General of Prisons. The SSRB has recommended the Petitioner's premature release. However, the Respondent No. 1, by its letter dtd. 1/1/2026, has refused to accept the recommendations on the basis of the opinion of the convicting Court dtd. 6/8/2025. The Petitioner thus assails the letter dtd. 1/1/2026 issued by the Respondent No. 1 and the letter dtd. 6/8/2025 comprising the opinion of the President of the Children's Court for the State of Goa, which was the convicting Court.

(3.) There are four accused in all. The Petitioner is the Accused No. 3. All of them were students of a law college. The Petitioner, along with the co-accused, hatched a conspiracy to kidnap Mandar Surlakar and extort ransom from his father. In furtherance of the conspiracy, on 10/8/2006, the Petitioner and co-accused procured ropes, syringes, medical white tape, two baseball bats, gloves, and car number plates. They abducted Mandar on 14/8/2006. The Petitioner and co- accused assaulted Mandar, tied him with ropes and forced him to record a message asking his father to pay the ransom without reporting to the police. They demanded Rs.50.00 lakhs from his father, who then reported the matter to the Vasco Police. On being summoned, Accused Nos. 1 and 2 stated that they had accompanied Mandar only up to a caf at Miramar, from where he was picked up by a silver-coloured Accent car. On 15/8/2006, Mandar's dead body was discovered near Ponda; the post-mortem confirmed homicidal death, caused by strangulation and assault on the head with baseball bats. Investigation revealed the involvement of Accused Nos. 3 and 4 and one Saleha Beig, who later turned approver and disclosed the details of the conspiracy and its execution.