PHILIP FADRICK DSOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants were tried for the commission of offences under Section 364A read with Section 34, Section 385 read with Section 34, and Sections 387 and 392 of the Indian Penal Code. The Additional Sessions Judge, by a judgment dated 23rd February 2005 convicted the Appellants under Section 364A read with Section 34 and sentenced them to undergo life imprisonment and to pay a fine of Rs.1,000/.

(2.) Briefly stated, the case of the prosecution is that the victim, Tulshiram Gangaram Joshi, was conducting a Tea Stall at Aarey Road. It is alleged that on 3rd July 2000 at or about 4 p.m., a group of three or four persons entered the stall and after threatening Tulshiram with a Rampuri knife, abducted him in a taxi. Tulshiram was stated to have been taken to a room at Vakola where he was detained and assaulted. According to the prosecution, in furtherance of a common intention to extort money from the brother of Tulshiram, the accused caused him to deliver an amount of Rs.4,000/and a wrist watch under the fear of causing hurt or, as the case may be, grievous hurt, thereby committing offences under Sections 387 and 392.

(3.) Counsel appearing on behalf of the Appellants urged submissions under two principal heads of challenge. The first head is based upon the interpretation of Section 364A of the Penal Code.