Important point
No embargo on appellate Court reviewing the evidence upon which an order of acquittal is based as paramount consideration of Court is to ensure that miscarriage of justice was prevented.

Judgment

Arijit Pasayat, J.—The appellants faced trial for alleged commission of offences punishable under Sections 363, 368, 506 and 507 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). The trial Court directed acquittal of the present appellants being of the view that the accusations have not been established. In appeal by the State, by the impugned judgment the High Court held that the appellants were guilty of offences punishable under Section 363 read with Section 34 IPC and were also liable to pay a fine of Rs. 1,000/-. Appellant No.1 additionally was sentenced to undergo imprisonment for three months on each count for the offences punishable under Sections 506 and 507 IPC. It was directed that in case the fine is paid, a sum of Rs. 1,000/- was to be paid to Niranjan (PW-3) the victim. The appellants are described as A-1 and A-2 hereinafter.

2. The background facts and the findings of the trial Court are as follows:

Niranjan (PW-3) is the son of Sudhakar Kamat (PW-1) and was studying in St. Anthony’s school. PW-3 was a minor then. On 16.2.1989 at about 4.00 p.m. when Niranjan (PW-3) was in his class, his friend Sachin informed him that somebody wants to see him. Accordingly, PW-3 went out of his class room and saw A-1 standing near a motor-bike. He told PW-3 that Dr. Prabhu who is PW-3’s brother-in-law had asked him to take PW-3 whereupon PW-3 told him that he could not go out without the permission of his teacher. A-1 told him that he had already taken permission from his class teacher. Thereafter, he was taken in his motor-bike as a pillion rider. When they reached the 5th Main Road, A-2 was there. All the three of them went by ­motor-bike. Though PW-3 requested them that he would keep his school bag in his house, A-1 did not agree and he was taken away. Thereafter, they went into a forest for about 2 furlongs where A-1 collected his phone number. When PW-3 enquired about his brother-in-law-Dr. Prabhu, A-1 told him that he would find out about his brother-in-law. At about 6.30 p.m. A-1 came back and discussed something privately with A-2. Then A-2 told him that he had lost his ring and so saying he went to search for the lost ring. However, PW-3 became suspicious and asked A-1 to take him to his house. But A-1 assured him that after A-2 returned, they would go. When PW-3 insisted he threatened him saying that there was a ghost in that placed which made him to cry. At that time A-1 threatened him by showing a knife saying that he would stab him.

3. After some time one Nagapathy brought A-2 holding him. A-1 dragged PW-3 inside the forest and hid him covering his mouth with his hands. PW-3 had made some sound with his legs as he heard the voice of Narasimha Barakura (PW-5) who is his brother’s friend. Then they flashed a torch light and saw that PW-3 was being held by A-1. Immediately they apprehended A-1. Thereafter, all the persons came to the house of PW-1 and subsequently they produced him before police. (So the evidence of PW-3 gives a clear picture as to how these accused persons kidnapped him and held in the forest.) In the meantime, PW-1 had been informed over the phone by A-1 that he had kidnapped his child and he would be killed if he failed to pay Rs. 3 lakhs. The fact that A-1 had telephoned at about 4.30 p.m. is spoken to by Rajendra (PW-7) who is a rice mill owner and also P.V. Hegde (PW-11) who is working as a manager in the shop. According to PW-11 at 6.00 p.m. A-1 telephoned to some one. It is no doubt true both PWs. 7 and 11 could not know what he had spoken or to whom he had telephoned. But the fact remains that he had telephoned and those calls were received by PW-1 who is none other than the father of PW-3. He had clearly stated that the person who had spoken over the telephone had demanded a lump sum of Rs.3 lakhs for returning his child, lest he would be killed. PW-1 was also informed that he had to keep the money in a place where kumkum and lemon were placed and he had