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2021 Supreme(Ker) 573

K.VINOD CHANDRAN, ZIYAD RAHMAN A.A., SATHISH NINAN
Shaji @ Methan Shaji, S/o. Shahul Hameed – Appellant
Versus
State of Kerala, Represented by the Inspector of Police, Pettah Circle, Represented Through the Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt. A. Aruna.
For the Respondents: Sri. M.H. Hanil Kumar, Smt. S. Krishna.

JUDGMENT :

Vinod Chandran, J.

Abduction, dacoity, demand for ransom and eventual rescue by the police is the prosecution case, with a few country bombs thrown in for effect; every spicy ingredient; barring a few, to make a movie. The accused cry foul, of a case foisted by a senior police official to favour a relative who owns a construction company. The accused, numbering seven, have been convicted and sentenced with life under Section 364A IPC, two years rigorous imprisonment under Section 395 IPC and to pay a fine of Rs.10,000/- & Rs. 5,000/- respectively, with default sentences. The appellants, except one (A6), have been incarcerated for the last five years.

2. The prosecution case is that PW1 employed as a driver in a construction company of which PW3 is the Manager, while transporting a load of sand for the company, was waylaid, abducted for ransom and threatened to be dismembered if the ransom demands were not met. When he was in confinement, pursuant to the abduction, PW1 was also thieved of an amount of Rs.1000/-, a mobile phone and an ATM Card; which in the context of the number of assailants involved takes the character of dacoity. On being informed by PW3 about the abductio

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