MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellants to challenge the judgment dt. 9/5/2012 passed by the Sessions Judge, Rajsamand in Sessions Case No. 33/2011 whereby the appellants have been convicted for the offences under Ss. 364-A, 386 and 342 IPC and sentenced for life imprisonment for offence under Sec. 364-A IPC, ten years rigorous imprisonment for offence under Sec. 386 IPC and one year rigorous imprisonment for offence under Sec. 342 IPC.

(2.) The prosecution story as unfolded in the written complaint (Ex.P.24) given by PW19 Hari Bhagwan on 21/12/2009 reveals that younger brother of Hari Bhagwan is Shiv Shanker. Somya S/o Shiv Shanker is seven years of age, is a student of Saint Pauls School. In the evening time, at about 05-07 pm, Somya goes for playing with his friends in the Mohalla located in front of Shiv Mandir, Dalal Shah Road. On 21/12/2009, in the evening where Somya had gone for playing at around 6:15 pm, one unknown person wearing a brown color Sweater and cream color trouser of around 25-26 years of age distributed Prasad to all the kids and after persuading Somya took him away from the street where he was playing. Somya was in brown color Trouser and blue color jacket with a cream color T-shirt having whitish color and stout body wearing blue color sleepers. This information was given by the kids who were playing with Somya to his mother who informed her husband Shiv Shanker on which he immediately came from factory and started searching for Somya but he could not find him.

(3.) On this written report, a formal FIR No.598/2009 at 09:00 pm on the same day i.e. on 21/12/2009 was registered and investigation was conducted. After the investigation, challan was filed by the police against the accused appellants. The charges under Ss. 363, 364A, 342 and 386 of IPC were framed against the appellants. The appellants denied the charges and prayed for trial.