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2019 Supreme(Bom) 345

S.B.SHUKRE, S.M.MODAK
BHAGWAN GAJANAN PHANDAT – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
S.D. Chande, Adv., S.M. Ukey, Adv., S.P. Bhandarkar, Adv.

Judgement Key Points

What is the sufficiency of evidence to convict both appellants of kidnapping under Sections 363 and 364-A IPC?

What is the court’s position on the relevance of prior acquittals under Sections 364 and 365 IPC to a conviction under Section 364-A IPC?

How to assess the reliability and admissibility of electronic call detail records and nodal officer evidence in establishing ransom calls?


JUDGMENT :

S. M. MODAK, J.

1. We are dealing with two appeals filed by two kidnappers convicted by learned Additional Sessions Judge, Khamgaon, in Sessions Trial No. 99 of 2011. They have kidnapped Kalpesh Rajesh Rajore being the minor son of first informant, Rajesh Rajore, on 20th September, 2011 at Khamgaon, Dist. Buldana. There were ransom telephonic calls to the first informant demanding initially Rs. 5 crores for releasing the minor son, Kalpesh. After negotiations, it was reduced to Rs. 3 crores. While returning from a music class, these two appellants forced the kidnapped boy, Kalpesh, to sit on a motorbike. When the appellants realized that they are not going to succeed, they threw him into a well situated near Kanchan Hotel on Khamgaon-Shegaon Road, Khamgaon. The neighbours took out the boy on hearing his screams.

2. Immediately after receiving the ransom calls, the first informant approached the Khamgaon Police Station and police registered the offence. Through Shri Munna Purwar, it was told to first informant that the boy was found in the well. Police recorded his sta





































































































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