JUDGMENT :

C.Praveen Kumar, J.

The accused (A-2) in Sessions Case No.280 of 2015 on the file of the learned Special Sessions Judge – cum – IV Additional District Judge, Guntur is the appellant herein. He was tried for the offences punishable under Sections 364-A and 506 I.P.C.

2. Vide judgment, dated 30.09.2015, the learned Sessions Judge convicted A-2 for the offences punishable under Sections 364-A and 506 I.P.C. and accordingly, sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.25,000/-, in default of payment of fine, to suffer simple imprisonment for a period of six months for the offence punishable under Section 364-A I.P.C.; and to suffer rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/-, in default of payment of fine, to suffer simple imprisonment for a period of one month for the offence punishable under Section 506 I.P.C. The substantive sentences were directed to run concurrently.

3. As the legal aid granted to the appellant/A-2 was withdrawn vide letter, dated 16.03.2021, of the Secretary, A.P. High Court Legal Services Committee, Amaravathi, we requested Sri Narra Srinivasa Rao, learned counsel appearing for the appellant/A-1 in Criminal Appeal No.163 of 2017 to assist this Court for the appellant herein/A-2 as well, more so, since he has conducted the case on behalf of A-2 in the trial Court.

4. A-1 and A-3 to A-5 in Sessions Case No.461 of 2012 on the file of the learned Special Sessions Judge – cum – IV Additional District Judge, Guntur are the appellants in Criminal Appeal Nos.163 of 2017, 87 of 2016, 795 of 2015 and 923 of 2016. They were also tried for the offences punishable under Sections 364-A and 506 I.P.C.

5. Vide judgment, dated 31.07.2015, the learned Sessions Judge convicted A-1 and A-3 to A-5 for the offences punishable under Sections 364-A and 506 I.P.C. and accordingly, sentenced them to suffer rigorous imprisonment for life each and to pay fine of Rs.25,000/-each, in default of payment of fine, to suffer simple imprisonment for a period of six months each for the offence punishable under Section 364-A I.P.C.; and to suffer rigorous imprisonment for a period of three years each and to pay fine of Rs.5,000/-each, in default of payment of fine, to suffer simple imprisonment for a period of one month each for the offence punishable under Section 506 I.P.C. The substantive sentences were directed to run concurrently.

6. The graveman of the charge levelled against the accused is that on 08.06.2012 evening, kidnapped one Pedaprolu Swetha (hereinafter, referred to as “the victim”) and demanded 3.00 crores from her father as ransom and threatened the victim with dire consequences.

7. The substance of the prosecution case is that P.W.1 is the father of P.W.2/victim. A-1 was working as a Driver with P.W.1. P.W.2, who is the daughter of P.W.1, was studying Post Graduation in E.N.T. at N.R.I. Medical College, Mangalagiri. P.W.3 is a Doctor practicing in Prasanthi Hospital, Governorpet, Vijayawada, who knows P.Ws.1 and 2. According to P.W.2, she used to go to the college in between 8.30 a.m. and 8.45 a.m. everyday and return home, by starting at the college, at 4.30 p.m. On 08.06.2012, she started from her house at about 8.45 a.m. to go to her college in her car driven by A-1. After completing the college, at about 4.30 p.m., she boarded the car to go home and when the car reached Y Junction on the Highway, four persons came near the car and stopped the car. It is said that all the four persons boarded the said car by using unlawful force and threatened P.W.2 stating that they would kill her if she raises cries. The accused also showed a knife and gagged her mouth with a cloth, apart from tying her hands and legs with a rope. The accused also closed her eyes with a cloth. It is said that the accused pushed her in the leg space of back seat of the car by bending her. It is said that the accused drove the car in a high speed. After sometime, one of the accused pick