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2007 Supreme(Guj) 384

GUJARAT HIGH COURT
K. M. MEHTA, J.
State of Gujarat - Appellant
Versus
Shailendra Kamalkishor Pande & Ors. - Respondents
Cri. Revn. Appln. No. 228 of 2007
Decided on : 29-6-2007

Advocates appeared
K. C. Shah, APP. for Applicant; J. B. Pardiwala, for Complainant; Yogesh 5.
Lakhani, for Respondent Nos. 1 to 5; Nirav C. Thakkar, for Respondent No.5.

Headnote:

Criminal Procedure Code, 1973 - Section 233 - Evidence Act, 1872 - Section 65B, Section 146 - Applicant-State has filed this Criminal Revision Application with a prayer that this Court may be pleased to quash and set aside order - Prosecution that accusers, - All these accused persons kidnapped a minor child namely who was 14 years old at time of commission of offence is case of the prosecution that victim went to school by an auto rickshaw a.m. along with other students - While proceeding to school accused came with lethal weapon like Car and kidnapped minor - Held, Trial Court has committed serious error in not considering has not been prepared and preserved safely by an independent authority like police same has been produced by accused persons - Criminal Revision Application is partly allowed - Impugned order passed by trial Court is quashed and set aside is requested to consider application after considering observations made by this - Court and decide same in accordance with law as possible preferably within two months from date of receipt of the writ of this Court - Rule is partly made absolute to extent - Before part with judgment Court is extremely grateful Advocate for original accused and advocate for complainant who have very ably assisted this Court in resolving complicated question of law in this matter - The office to send writ forthwith as accused are in jail Order accordingly

ORDER :-

The applicant-State of Gujarat has filed this Criminal Revision Application under Section 397 of the Code of Criminal Procedure with a prayer that this Court may be pleased to quash and set aside the order dated 16-4-2007 passed by the learned Sessions Judge. Fast Track Court No.6. Vadodara below application Exh. 292 in Sessions Case No. 172 of 2004.

2. By the impugned order, the learned Sessions Judge, Fast Track Court No.6. Vadodara. permitted the defence to produce a C. D. which contains an interview of the victim at the end of a local T. V. Channel., The learned Judge further permitted the defence to produce the C. D. and play the same on a C. 'D. Player before the Court so that the Court may be able to listen to the questions which were put by the local T. V. Channel. By the said application Exh. 292, the learned advocate for the accused stated that in the aforesaid matter the cross-examination of witness Ashutosh is going on.

After the incident Ashutosh has given an interview in local T. V. Channel regarding the incident in question. When the attention of the witness was drawn towards it. he stated that he did not remember anything. This piece of evidence was in connection with the incident in question. In view of the same, his statement is recorded to show the said C. D. and therefore, the learned advocate for the accused has stated that they may be allowed to produce the said C. D. and the C. D. player in the Court and therefore prayed that during the cross-examination of Ashutosh the Court may permit the recorded T. V. interview be shown in this behalf.

2.1 The learned Judge has passed order in connection with the offences punishable under Section 341 of the Indian Penal Code which provides wrongful confinement, Sec. 364-A which provides kidnapping for ransom, Sec. 506(2) which provides punishment for criminal intimidation, Sec. 120-B of the I.P.C. which provides punishment of criminal conspiracy and under Secs. 25(1)(a) and 25(1)(b) of the Arms Act wherein the learned Sessions Judge was pleased to allow 'the application Exh. 292 filed by the accused.

3. The facts giving rise to this application are as under :-

3.1 It is the case of the prosecution that the accused No. 1 ShailendraKamalkishore Pande. accused No. 2 Shasanka Madanlal Goyel. accused No.3 Ruturaj Bhudeshwar Bhoda. accused No. 4 Somashish Dipakkumar Adhyapak and accused No. 5 Karsihma Bipinbhai Jadhav, all these accused persons' kidnapped a minor child namely Ashutosh Ashokbhai Shah who was 14 years old at the time of commission of offence i.e. on 15-12-2003. It is the case of the prosecution that on 15-12-2003 the victim Ashutosh went to school by an auto rickshaw around 7.30 a.m. along with other students. While proceeding to the school, the accused Nos. 1 to 4 came with lethal weapon like Tamancha. iron pipe, iron patti etc., in a Maruti Car and kidnapped the minor.

3.2 A police complaint was lodged by the rickshaw driver Shri Shivabhai Mahjibhai Parmar with Gorva Police Station on 15th December, 2003. The accused persons took the minor Ashutosh to Chandravila Apartment. Vadodara where they kept the minor from 15th December. 2003 to 20th December, 2003. The accused persons contacted the parents and demanded a sum of Rs. 1.00 crore for releasing the minor, through telephone calls from various places. On 20th December. 2003. the police find out the location of the victim through accused No.5 and at 11.00 to 11.30 p.m., the police rescued the minor. At that time the accused No.1 was present with the minor victim and police arrested the accused Nos. 1 and 5. Thereafter, during the course of investigation the police also arrested the accused Nos. 2, 3 and 4.

3.3 After completion of the investigation the police submitted the charge-sheet before the learned Chief Judicial Magistrate Vadodara who in turn committed the case before the Sessions Court at Vadodara. The learned Sessions Judge was pleased to frame the charges and necessary trial has commenced in t
























































































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