R.K. DESHPANDE, J.

1. The appellant-accused is convicted for the offence punishable under Sections 327, 342, 364A and 384 of the Indian Penal Code (“the offences in question”) by the learned Additional Sessions Judge (V), Nagpur in Sessions Case No.78 of 2013 and is sentenced – (i) to undergo life imprisonment with a fine of Rs.5,000/- for the offence punishable under Section 364A of the Indian Penal Code, (ii) to undergo rigorous imprisonment for two years with a fine of Rs.3,000/- for the offence punishable under Section 384 of the Indian Penal Code, (iii) to undergo rigorous imprisonment for six months with a fine of Rs.500/- for the offence punishable under Section 342 of the Indian Penal Code, and (iv) to undergo rigorous imprisonment for one year with a fine of Rs.1,000/- for the offence punishable under Section 327 of the Indian Penal Code. All the sentences are directed to concurrently.

2. The incident occurred on 5-9-2012 at Nagpur. PW 4 Samyak and PW 5 Vikrant are the victims, and PW 4 Samyak is also the complainant, at whose instance FIR No.248/12 was registered on 7-9-2012 against the appellant-accused for the offences in question. PW 4 Samyak was in 11th Standard on the date of incident and studying at Kamla Nehru Arts, Commerce and Science College at Nagpur. He was residing at Gayatri Hostel, Nandanwan Chowk, Nagpur. PW 5 Vikrant was also taking education in 11th Standard at Kamla Nehru Arts, Commerce and Science College, Nagpur. Both the victims were knowing each other and also the accused Lalit.

3. The story of the prosecution is that on the date of incident, one Anand Thakur along with accused Lalit came on motorcycle to the hostel of PW 4 Samyak at about 8.30 p.m. and asked him to come out of the hostel for having some talk. In spite of his resistance, they took him forcibly to Juna Sakkardara, near Shitla Mata Mandir in the slum. PW 4 was taken in one room in which 2/3 friends of Anand Thakur and accused Lalit were already there, consuming liquor. They forced PW 4 to consume liquor. The accused slept him and Anand Thakur also beat him by means of belt and told PW 4 that they require money, which he should demand from his family. They snatched a mobile from PW 4 and called the other victim PW 5 Vikrant on mobile and told him to come near Shitla Mata Mandir. PW 5 reached there on scooter and Anand Thakur brought him in the room and all of them started beating him by means of belt and wine bottle.

4. According to the story of prosecution, the sister of accused Lalit came in the room and asked the accused and others as to why they are beating the teens. The accused asked her to go out. She, therefore, went out of room and started crying. Accused Lalit made a phone call to the father of PW 4 Samyak at Mumbai upon the cell number being supplied, and abused his father. The accused caught hold of PW 4 and told this to his father and demanded Rs.1,50,000/- for release. The father of PW 4 assured payment for release. At about 12 hours in the night, the accused released both the victims, who then went to the hostel on the scooter of PW 5 Vikrant. After reaching the hostel, PW 4 Samyak received a call from the accused, who told him that he will take Rs.1,00,000/- from his father and asked him to hand over the phone to PW 5 Vikrant, who was told that an amount of Rs.50,000/- shall be taken from him.

5. PW 2 Nalini is the mother of PW 4 Samyak, who was staying at Chandrapur, states in her evidence that the incident occurred on 5-9-2012 at about 10.15 p.m., when she received a call from Samyak on her mobile to tell her whether she can send Rs.50,000/-. She states that PW 4 Samyak was crying and afraid and some other person took the mobile of Samyak and told her that Samyak had borrowed an amount of Rs.50,000/- from him for the business of ganja and charas and he wanted return of it. She states that after the call was disconnected, she made a call to her husband, and enquired from him whether he received a telephone ca