RAMVEER Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal preferred u/S. 374 Cr.P.C. assails the judgment dated 11.02.2003 passed in Special Case No.16/01 whereby the trial Court has convicted the appellant for the charge u/S. 364-A of IPC read with Section 11/13 of Madhya Pradesh Dacoity Avam Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (for brevity 'MPDVPK Act') and sentenced to suffer life imprisonment with fine of Rs. 10,000/- with default stipulation.

(2.) Learned counsel for the rival parties are heard. The record of the trial court is perused.

(3.) Brief facts giving rise to present case are that on 18.09.2000 when at about 11:45 A.M. abductee Harshit Jain was going from his home to school Saraswati Shishu Mandir, abductee met a few unknown persons on the way who induced him by advancing a false pretext of taking him for a roam but instead handed over the abductee to the gang of absconding proclaimed dacoit Rajjan Gurjar. When the abductee did not return home his family members informed the police who recorded a missing report vide Ex. P-7. When the efforts of the members of the family to search abductee did not succeed Dinesh Kumar Jain (father of the abductee) lodged FIR bearing crime No. 452/2000 alleging offences punishable u/S. 364-A of abductee having been kidnapped by known persons. Investigation followed. Statement of witnesses namely Sandhya Jain (mother of the abductee) (PW-1), Anuj Kumar Jain (PW-2), Dinesh Kumar Jain (PW-4) (father of the abductee) and Arvind Kumar Jain (PW-3) were recorded. Statement of abductee Harshit Jain was also recorded after he was released from captivity after three months. The statement of another abductee Rajendra Prasad Sharma (PW-12) was also recorded. The appellant was subjected to Test Identification Parade (Ex.P-3) conducted on 29.06.2001 where Rajendra Prasad Sharma (PW-12) recognized the appellant as one of the person who was seen with the gangsters. After investigation, charge-sheet was filed on 24.02.2001 against the absconding accused. The appellant was thereafter arrested on 14.02001 which led to filing of supplementary charge-sheet.