MANOJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Three appellants viz. Manoj, Banti @ Purushottam and Dilip have filed appeals against the judgment dated 22nd March, 2002 passed by Additional Sessions Judge, Jabalpur in Sessions Trial No.84/2001 convicting them under sections 364A read with section 120-B, 364 read with section 120-B and 386 read with section 120-B of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/-, rigorous imprisonment for 10 years with fine of Rs.1000/- and rigorous imprisonment for 5 years with fine of Rs.1000/- on each count, respectively. State has also filed Criminal Appeal No. 1366/2005 challenging the impugned judgment of acquittal of accused/respondent Amit Kumar Patel of the aforesaid charges. Since all the aforementioned appeals arise out of the common judgment passed by the trial Court, this judgment shall govern disposal of all the said appeals.

(2.) In short, prosecution case is that appellant Dilip was working as driver of Dr.B.K.Panshe. He used to go to drop and pick up Parijat Panshe, 10 year old daughter and Nachiket Panshe, son of Dr.B.K.Panshe from the school. Parijat Panshe was a student of Class-VI in Christ Church Girls Senior Secondary School, Jabalpur. In the morning of 25.9.2000 Dilip left both of them at school. At about 1:00 p.m. on the same day, Dilip obtained the key of the car from Lata Kashyap, assistant of Dr.Panshe for fetching Parijat and Nachiket from school, but did not bring them back. From the telephone call of Nachiket, Lata Kashyap came to know that Dilip did not go to school to pick up Parijat. Dr.Panshe and his wife went to school and searched her. On not finding Parijat there, they lodged a report about her missing at police station, Madan Mahal. In the meanwhile, Lata Kashyap received a telephone call from Dilip informing her that Parijat was with him and she would be released only after a ransom of Rs.5 lacs was paid. On getting knowledge of this fact, Dr. Panshe lodged the report Ex.P/1 at police station, Omti. On the next day i.e. on 26.9.2000 Parijat was recovered from the forest of Shahpura. She was taken to police station Shahpura by head constable Mishrilal and a report Ex.P/21 was recorded in the Roznamcha. All the documents recorded by station officer of police station, Shahpura were transmitted to police station, Omti where the case was registered. During investigation, car was seized and accused were arrested. After completion of investigation, charge sheet was filed and the case was committed for trial.

(3.) During trial, accused abjured their guilt and pleaded false implication. Mainly the defence of accused Dilip was that he was falsely implicated in the case under a conspiracy hatched by Dr. B.K. Panshe (PW-1) and other employees of his hospital.