MANOJ PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) INSTANT appeal is directed against the judgment of conviction and the order of sentence, dated 14th of September, 2006, passed by 5th Additional District & Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 335 of 2006, arising out of Nautan P.S. Case No. 379/04, whereunder the sole appellant has been convicted for the offence under Section 364A of the Indian Penal Code and sentenced to undergo life imprisonment with further direction to pay fine of Rs. 5,000/ -.

(2.) PROSECUTION 's case, as set out in the written report of Bishwanath Sahni (P.W. 4), addressed to Officer -in -Charge, Nautan Police Station, West Champaran, is that he is resident of village Khap Tola, Nautan, P.S. Nautan, District West Champaran, his son, Rajesh Sahni, aged 30 years, had gone to Muzaffarpur, on 20th November, 2004, to purchase clothes and, having purchased clothes at Muzaffarpur, he returned to Bettiah railway station by train at 2 A.M. and went to Fancy Mela ground, Raj Dyorhi, to see theatre, but he disappeared from Mela ground inasmuch as he did not return to his shop, at Nautan, until submission of the report and that his mobile No. is 9835471735. The informant also mentioned, in his written report, that ransom calls were being made from the mobile of his said son asking for payment of Rs. 10 lacs. The informant further alleged, in his written report, that his said son, Rajesh Sahni had, thus, been abducted. Aforesaid written report was submitted on 25.11.2004 and on this basis, Nautan P.S. Case No. 379/04 was registered by the Officer -in -Charge, Nautan Police Station, on 24.11.2004, as would appear from the endorsement made by the Officer -in -Charge on the written report itself. The written report has been admitted in evidence as Ext. 1.

(3.) IN the light of the charge sheet, cognizance was taken and the case was committed to the Court of Sessions for trial.