SATYENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal owes its origin in the judgment dated February 17, 2003 of the learned Additional Sessions Judge (Fast Track) No. 1 Dholpur whereby the appellant Satyendra Singh was convicted and sentenced as under :- Under S. 364-A, IPC : To suffer imprisonment for life and fine of Rs. 250/-, in default to further suffer imprisonment for one month. u/S. 363, IPC : No separate imprisonment.

(2.) It is the prosecution case that informant Hasnu Khan (P.W. 6) submitted a written report (Ex. P-5) at Police Station Sepau on July 18, 2000 at 5.15 p.m. in regard to the incident occurred on May 27, 2000, wherein Zakir, son of informant was kidnapped by Satyendra and Moola. On that report a case under Sections 363, IPC was registered and investigation commenced. The Investigating Officer arrested the accused and recovered Zakir. After completion of investigation charge-sheet was filed against Satyendra and Moola for the offences under Sections 363, 364, 368, 347 and 120-B, IPC. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Dholpur. Charges under Sections 363, 364A, 346, 347, 368 and 120-B were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the explanation under Sec. 313, Cr. P.C. the appellant claimed innocence. Six witnesses in support of his defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced appellant Satyendra as indicated herein above Co-accused Moola however stood acquitted of all the charges.

(3.) The only contention of learned counsel for the appellant is that charge under Section 364A, IPC is not established against the appellant as there is nothing on record to prove even prima facie that threatening was ever given to Zakir to cause his death in order to compel the Government or any other person to pay a ransom.