2024:CGHC:32905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 466 of 2006

1) Sabir Ansari, s/o On ansari, aged about 22 years Occ-Business of girls and boys, r/o village Amba Toli, Police Station – Mahuadand, Distt-Latehar, Jharkhand

2) Nurul Hasan, s/o Babreali, aged about 22 years, Occupation-placement r/o village Ambatoli, Police Station – Mahuadand, Distt-Latehar (Jharkhand)

---- Appellants versus State Of Chhattisgarh through – the Police Station, Bagicha, Dist: Jashpur-CG ---- Respondent CRA No. 354 of 2006 Dilip Kumar Gupta, aged about 22 years, son of Shri Rajendra Prasad Gupta, Occupation-Driver, Resident of Village Majhgaon, Police Station-Bhavnathpur, District-

Garhwa (Jharkhand) ----Appellant Versus State Of Chhattisgarh through – the Police Station, Bagicha, Dist: Jashpur-CG ---- Respondent CRA No. 467 of 2006 Mohammed Majhar Khan, s/o Mohammed Hadik Khan, aged about 19 years, Occupation-Electrician, residence of village Amba Toli, Thana – Mahuwadand, Distt-

Latehar (Jharkhand) ----Appellant Versus State Of Chhattisgarh, through the District Magistrate, Jashpur (CG)

---- Respondent CRA No. 468 of 2006 Hulshad Alam Khan, s/o Md Kasim Khan, Aged about 19 years, R/o Village Malgo, Police Station-Bharno, Distt-Gumla (Jharkhand) ----Appellant Versus State Of Chhattisgarh through – the Police Station, Bagicha, Dist: Jashpur-CG ---- Respondent (Cause title is taken from the CIS)

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For Respective Appellants : Shri Neelkant Malviya, Shri AN Pandey, Shri Shubham Tripathi, Advocates For Respondent/State : Shri Ajay Kumrani, PL ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board

28.08.2024

1. These appeals are arising out of common Session Trial and common judgment. Therefore, all are being heard and decided together.

2. Above appeals have been filed against the impugned judgment of conviction and order of sentence dated 26.04.2006, passed by the learned Additional Sessions Judge, Jashpur in Sessions Case No.128 of 2005, whereby, the appellants have been convicted and sentenced as under:

Conviction Sentence for each of the appellants Under Section 363/34 of the IPC RI for 5 years and to pay fine of Rs.3,000/- with default stipulation Under Section 364/34 of the IPC RI for 7 years, and to pay Rs.5,000/-

with default stipulation Under Section 365/34 of the IPC RI for 5 years and to pay fine of Rs.3,000/- with default stipulation

3. Brief facts of the case are that on 29.08.2005, at about 4 pm, when the victim-Ashish Kujur (PW2), aged about 11 years, returning from the School on his bicycle, near Halichameli Musgutri, present appellants came in the Black Bolero Vehicle and kidnapped the victim. While they were going towards Bagicha Road, some of the ladies and students have seen them, and they immediately informed mother of the victim, Smt Doratiya Kujur, PW1. They also informed the number of Black Bolero-JH- 03-B 4481. The persons have immediately informed the Police about the incident, and then, the Police informed the same at the relevant places/surrounding places of the City, and PW-12 Inspector, PS Mahilane, who was on his patrolling duty, has stopped the vehicle at Forest Barrier, Gamariya, and recovered the victim boy Ashish Kujur from the possession of present appellants. Matter was reported to the Police by mother of the victim through a written complaint, Ex.P1 on 29.08.2005. Based on her written complaint, FIR Ex.P1A was registered for the offence under Section 365/34 of the IPC. Recovery Panchnama Ex.P3 was prepared by the Police in presence of the witnesses. The black color Bolero vehicle bearing No.JH-03-B 4481, its registration certificate, and driving license have been seized vide seizure memo vide Ex.P6. Spot Map Ex.P2 was prepared by the Police. The accused persons have been arrested a