The prosecution must provide credible evidence to support charges under Section 364-A IPC, and the court must carefully assess the credibility of witness testimony.

Sudhir Kumar Saxena, J. –

This appeal filed under Section 374 Cr.P.C. is directed against the judgement and order dated 1.8.2006 passed by Sri S.D. Paliwal, Special Judge (D.A.A.) Etawah in Special S.T. No. 01 of 2005 (State v. Jajment Singh and others) convicting the appellants under Section 364-A of the I.P.C. and sentencing them with life imprisonment in addition to fine of Rs. 10,000/- each and in default of payment of fine one year rigorous imprisonment has been ordered.

2. Heard Sri V.K. Agnihotri and Sri S.V. Singh, learned counsels for the appellants and learned A.G.A. for the State and gone through the record.

3. Briefly stated facts of the case are that Sarjan Singh informed police on 20.10.2004 that his cousin Sanjeet Kumar and Raj Kishore brother-in-law of his cousin brother were missing as they had gone to Agra for taking medicines but they did not come back. A missing report was lodged with the police station Jaswant Nagar, Etawah. On 27.10.2004 Sarjan Singh gave a detailed information to the effect that Sanjeet Kumar and Raj Kishore had gone to Agra on 19.10.2004 but did not return. On 26.10.2004 Anuj Kumar resident of Rukanpura P.S. Jaswantnagar approached him with a polythene bag which contained purse of Raj Kishore, some prescriptions, bills of medicines, photo of Raj Kishore and some other papers. Anuj Kumar informed that these things have been provided by Ram Adhar who found bag in his field of Bazra. Thereafter informant and other persons went to Kursaina and discussed the matter with Ram Adhar, who showed him the field from where the polythene bag was recovered. In the field damaged photo of Sanjeet Kumar was also found. Report of abduction was made against unknown persons and on the basis of report case was registered at Case Crime No. 201 of 2004 under Section 364-A IPC. On 4.11.2004 police recovered Sanjeet Kumar and Raj Kishore from the house of Jajment Singh, but were referred for medical examination by the police allegedly on 3.11.2004, as is apparent from majrubi chitthi. In the medical examination made on 4.11.2004 doctor found no visible injury on the part of the body. Complaint of pain was noticed in both arm and lower extremities of Raj Kishore. Pain over back of chest and gluteal region was noticed by doctor while examining Sanjeet Kumar.

After investigation charge-sheet was submitted against accused Jajment Singh, Ram Bihari Shakya, Mohan Singh alias Krishna Mohan Singh, Sukhrani and Seema. Charge was framed on 2.3.2005 against Jajment Singh, Sukhrani, Seema, Ram Bihari Shakya and Mohan Singh alias Krishna Mohan Singh under Section 364-A Cr.P.C.

4. All the accused denied the charge and claimed to be tried.

5. Prosecution examined six witnesses namely Sanjeet Kumar P.W.-1, Sarjan Singh P.W.-2, Raj Kishore P.W.-3, Manoj Kumar Singh P.W.-4, Vidya Ram Yadav P.W.-5 and Sunit Kumar P.W.-6.

6. After prosecution evidence statements of all accused were recorded under section 313 Cr.P.C. in which they attributed false implication due to enemity. No evidence was led in defence.

7. After considering above material learned trial Judge heard the arguments of both the parties and passed the impugned judgement and order dated 1.8.2006 whereby he has convicted and sentenced appellants as above. Sukhrani and Seema have been acquitted.

8. Sanjeet Kumar P.W.-1 and Raj Kishore P.W.-3 are the victims and Sarjan Singh P.W.-2 is informant, Manoj Kumar Singh P.W.-4 is Head Constable who proved the Chik F.I.R., Vidya Ram Yadav P.W.-5 is witness of inquest of recovery while Sunit Kumar P.W.-6 is I.O., who proved investigation.

9. Sarjan Singh P.W.-2 proved the missing report as well as FIR. In cross examination he stated that he does not know when and from where Sanjeet Kumar and Raj Kishore were recovered. After abduction, letter for ransom was received after 15-16 days. He met the abductees in the police station but he did not meet any accused there. He denied having made false allegation and registered first informati