SHAHID KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants were sent for trial in Crime No.523/2005 to face charge under section 364 -A of IPC on the allegation that the appellants at about 7.00 am on 6.12.2004 in Gram Kohadi near the way towards Shamshan falling about 18 kilometers north of Police Station Kalapipal, kidnapped the complainant Dinesh Chandravanshi, kept him under detention and after threatening him with knife and revolver of death obtained an affidavit from him, so as to exonerate one Mahesh, who was facing trial in another matter in which the complainant was one of the witness.

(2.) THE case of the prosecution is based upon the complaint lodged by complainant Dinesh Chandravanshi, who gave the written report to the police having been written on 8.12.2004 which is Ex.P -6. On that basis, FIR was registered on 14.12.2004 vide Ex.P -7 and the case was registered under sections 365, 368 and 506/34 of IPC. In short, the case of the prosecution reads as under: - <IMG>JUDGEMENT_167_MPHT1_2014.jpg</IMG> <IMG>JUDGEMENT_167_MPHT1_20141.jpg</IMG>

(3.) CHARGES were framed against the appellants under section 364 -A of IPC to which the appellants pleaded denial and stated that they have been falsely implicated in this case. A plea was also taken by the appellant no.4 that at the time of incident, he was admitted in the hospital in Bhopal. However, no evidence was led by the appellants in their defence.