LALTAPRASAD SAKYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 15.1.2013 rendered by Additional Sessions Judge, Bagli, Link Court Kannod, District Dewas in S.T. No.264/2011, whereby the appellant has been convicted under Section 363 and 364A of the Indian Penal Code, 1860 (hereinafter, for short, "the IPC") and has been sentenced under Section 364A of the I.P.C. to undergo life imprisonment and to pay a fine of Rs.1,00,000/- and in default of payment of fine amount, to further undergo rigorous imprisonment for 5 years. No separate sentence has been imposed under Section 363 of the I.P.C.

(2.) The prosecution story, briefly stated, is that appellant - Laltaprasad Sakya was running a school in the name of New Saraswati Gyan Mandir School, Village Sukhedi. Adarsh Meena, P.W.1, the son of complainant - Ramhit Meena, P.W.2, was studying in the school run by the appellant and because of this, the appellant was having close acquaintance with complainant - Ramhit Meena, P.W.2. In the intervening night of 19th and 20th May, 2011, the appellant came to the house of Ramhit Meena, P.W.2 and informed him that his son Adarsh Meena, P.W.1, a 8 years' child, is required to appear in the examination for Navodaya Vidyalaya. Upon this, complainant - Ramhit Meena, P.W.2 brought back his son Adarsh Meena P.W.1 in the morning of 20th May, 2011 from his maternal uncle's house at Sukhwas to Village Sukhedi. Thereafter, when Ramhit Meena, P.W.2 went inside his house to take meals, the appellant went away his son from there on his motorcycle with Adarsh Meena (P.W.1). After some time, Ramhit Meena, P.W.2 contacted the appellant telephonically, whereupon, he informed him that he has dropped his son for exams at Naveen Computer Centre, Kannod. As per prosecution, thereafter, Ramhit Meena, P.W.2 went to Kannod in search of his son and not finding him there, again at around 3 pm., called the appellant on his mobile phone. Allegedly, the appellant, in response, said that he is sending via SMS Account number of his account in State Bank of India and that, he should deposit money in the account and rest of the discussion shall be made later on and that, he should not cause any trouble to his men, as under : ...[VERNACULAR TEXT OMITTED]...

(3.) As per prosecution, thereafter, Ramhit Meena, P.W.2 tried to trace out his son Adarsh Meena P.W.1 in the surrounding localities at Kannod and when he could be traced out, at around 6 pm., Ramhit Meena (P.W.2) lodged First Information Report (Ex.P/3) with Police Station Khategaon regarding the incident expressing his suspicion about kidnapping of his son by the appellant for ransom. On the basis of FIR lodged by Ramhit Meena, P.W.2, a case for offence under Section 363 of the I.P.C. came to be registered against the appellant at Police Station Khategaon. Investigation ensued. Pratik Rai, P.W.6, the then SHO Khategaon, visited Village Sukhedi and prepared spot map (Ex. P/4). On 24.5.2011, at around 2.20 pm., vide recovery memo (Ex. P/1), Adarsh Meena (P.W.1) was recovered from the appellant from a place in front of Bhagwan Talkies, Agra. The appellant, who was present over there with Adarsh Meena (P.W.1), was also arrested vide arrest-memo Ex. P/5. Some documents as per seizure memo Ex. P/6 were also recovered from the appellant. As per prosecution, on the basis of disclosure said to have been made by appellant on 25.5.2011 at Police Station Khategaon vide disclosure memo Ex. P/15, a Hero Honda motorcycle bearing Registration No. MP-41-MB-2736 was seized from the appellant on 1.6.2011 along with cargo-receipt Ex. P/8. The details of the bank account of the appellant were procured vide Ex. P/9 from State Bank of India, Branch Khategaon. Apart this, call-details as per Ex. P/11 were also obtained. After usual investigation, a charge-sheet was filed against the appellant before the competent Magistrate with regard to offence under Section 363 and 364A of the I.P.C. In due course, the case was committed to the Court of Sessions.