The judgment emphasizes the importance of establishing the victim's minority at the time of the incident and the need for corroborative evidence for charges of extortion under Section 385 of I.P.C.

JUDGMENT :

S.K. Awasthi, J.

1. Since the present matters are connected and arise out of common judgment dated 14.03.2014 passed by 7th Additional Session Judge, Indore (M.P.) in Session Trial No. 985/2011, they are being decided by the present common judgment.

2. The appellant Vijay and Sanjay have preferred the present appeal against the aforesaid judgment passed by 7th Additional Session Judge, Indore passed in Session Trial No. 985/2011, being aggrieved with their conviction and sentence whereby the appellant Vijay has been convicted under Section 363 of I.P.C. and sentence to undergo three years R.I. with fine of Rs. 2,000/- whereas the appellant Sanjay has been convicted under Section 385 of I.P.C. and sentenced to undergo 2 years and fine of Rs. 2,000/-.

3. The appellant Ramkishore has preferred the present appeal against the aforesaid judgment whereas he has been convicted for the offence under Section 363 and 385 of I.P.C. and sentenced to undergo three years and two years R.I. and fine of Rs. 2,000/- each respectively with default stipulation.

4. Facts of the case, in short are that on 05.09.2011 at about 09:15 hours victim was returning home after dropping off her brother at Gumasta Nagar. On the way she met her neighbor namely Gaurav, when she was talking with Gaurav at the same time the appellant Ramkishore Shivhare and co-accused Vijay approached the couple and slept Gourav thereafter she was taken to a house situated in a colony at Gopur Square at gun point by the appellant/accused Ramkishore Shivhare. On the way accused Sanjay met Ramkishore Shivhare who was also accompanied them. The house in which victim was taken away was occupied by co-accused Anita and one other female and 3-4 children were also present in the house. Co-accused Sanjay snapped the photo of victim from his mobile. After that Ramkishore also clicked some photographs of the victim standing alongwith the co-accused Sanjay. The accused persons threatened the victim in lieu of cooperation. The victim insisted that she want to go to her house. Then accused persons insisted the victim to provide her mobile phone number to them so that on their call she must come to meet. Then co-accused Sanjay accompanied the victim to her house. On 06.09.2011 co-accused Sanjay called the victim from the mobile number 9300011333 and asked the victim to come at Gangwal bus stand, Indore. From the aforesaid over act the victim got scared, hence she narrated the incident to her mother and thereafter she informed the incident to Ms. Deepika Shinde, Sub Inspector, Crime Branch and then she lodged written complaint to the police Station Chandannagar, on the basis of which FIR bearing crime number 846/11 under Section 363, 365, 342, 506, 368 read with Section 34 of I.P.C. was registered against the appellants and co-accused Anita. Appellants were arrested by the police, their cell phone and other incriminating articles were seized. After completing necessary investigation, charge-sheet was filed before the Court of Judicial Magistrate First Class, Indore, who thereafter committed the case to the Court of Session Judge, Indore and ultimately it was transferred to 7th Additional Sessions Judge, Indore.

5. The appellants absurd their guilt and pleaded that they are innocent and have been falsely implicated in the present crime due to the enmity. In support of its case, defence, examined Ramehshwar Singh (DW-1) Nodal Officer idea telecome in their defence.

6. The trial court after considering the evidence adduced by the parties acquitted the co-accused Anita from all the charges however, the appellants have been convicted and sentenced as mentioned above. Hence, this appeal.

7. Learned counsel for the appellants has submitted that the trial court has not properly considered and appreciated the evidence and wrongly convicted the appellants. It is also submitted that the incident alleged to have been occurred at 09:15 pm on 05.09.2011 but the FIR has been lodged on 21 hours of 06.09.201