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2021 Supreme(Raj) 117

SABINA, MANOJ KUMAR VYAS
State Of Rajasthan Through PP – Appellant
Versus
Ankur Padiya S/o Shri Shrawan Kumar Padiya – Respondent


Advocates:
Advocate Appeared:
For the State :Ms. Alka Bhatnagar, Additional Government Advocate
For Complainant :Mr. Ashwin Garg, Advocate with Mr. Rahul Singh Meratwal, Advocate, Mr. Gajendra Singh Chauhan, Advocate, Mr. Prakash Kumar Jha, Advocate and Mr. Anil Kumar Yadav, Advocate
For the Accused :Mr. Arvind Kumar Gupta, Advocate with Mr. Aniket Sharma, Ms. Mudita Sharma, Mr. Tanay Jain, Mr. Kuldeep Yadav, Mr. Anurag Pareek, Mr. Kapil Bhardhwaj, Mr. Saurabh Chauhan, Ms. Sakshi Swami, Mr. Abdul Kalam Khan, Advocate with Mr. Narendra Prasad Meena, Mr. Sanjay Gurjar, Mr. Rajeev Surana, Advocate with Ms. Prabuddha Sharma, Advocate

JUDGMENT :

Manoj Kumar Vyas, J.

1. Vide this order, Death reference in relation to convict Ankur Padiya and Criminal appeals of convicts Ankur Padiya, Anoop Padiya, Mahaveer Sharma and Karanjeet Singh, preferred against the judgment and order of conviction and sentence dated 26.02.2018 and 19.12.2018 passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases) Kota, in Sessions Case No. 09/2015 (CIS No. 1/2015) Filing No. 478/2015, are being disposed of.

2. According to brief facts of the case, the matter arose out of a written report dated 09.10.2014, Exhibit-P.24, submitted by complainant Puneet Handa son of Madan Mohan Handa, registered at Police Station Jawahar Nagar, Kota. It was alleged in the report that the complainant resided in House No. 398 Talwandi, Kota. On 09.10.2014, his son Rudraksh, aged seven years, was playing in Hanuman Park at around 5-5:30 PM. The park was situated behind the house of complainant. The complainant received a phone call on his landline no. 0744- 2426222 informing him that his son had been kidnapped. The person who made the call abused the complainant and identified himself as Jaffar Mohammad. He demanded ran

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