Conviction under kidnapping and related offences requires clear inducement or evidence of exploiting the victim, which the court found lacking.

Per Ramesh Sinha, Chief Justice

16.06.2025

1. Since both the above-captioned appeals arise out of a common factual matrix and same incident, this Court is disposing of the same by a common judgment.

2. Both the above captioned Criminal Appeals have been preferred under Section 374(2) of the CrPC against the impugned judgment of conviction and order of sentence dated 27.11.2024 passed by the Special Judge (NIA Act), Bilaspur (C.G.) in Special Case (NIA) No.55/2024 by which the appellants have been convicted and sentenced in the following manner with a direction to run all the sentences concurrently :

3. Case of the prosecution, in brief, is that on 29.11.2022, the minor victim (PW-1) was in the house situated at Shyam Nagar Lingiyadih Bilaspur near Kali Mandir. The father of the minor victim (PW-4) was doing some work inside the house when the accused Vipasha David came home with the accused Mohd. Siraz and coaxed the minor victim (PW-1) by saying that it was the birthday of the brother of the accused Vipasha David. Thereafter, the victim (PW-1) had left the house for accused Vipasha David's house in Lokhandi without informing her mother (PW-3) and father (PW-4). Accused Vipasha David and Mohd. Siraz took victim (PW-1) to their house in Lokhandi after driving for a long time. In the meantime, victim’s mother (PW-3) called accused Vipasha David's mother, accused Sarita David and accused Mohd. Siraz and asked for information about victim (PW-1). Then accused Sarita David said that victim (PW-1) had not come to their house. At around 8-9.00 pm, accused Vipasha David and accused Sarita David mixed something in the juice and gave it to victim (PW-1) to drink. After drinking, victim (PW-1) started feeling dizzy. Then accused Sarita David and Vipasha David took victim (PW-1) to the room and made her lie on the bed. After this, a person (unknown) aged 21-22 years came and raped victim (PW-1). On calling, accused Vipasha David and Sarita David did not open the door. Accused Mohd. Siraz and accused Sarita David threatened the victim (PW-1), due to which she did not go home even on 30.11.2022. At 11.30 pm, accused Vipasha David and accused Mohd. Siraz left victim (PW-1) near Shanichari Rapta in Activa. On 01.12.2022, the mother of the victim (PW-3), informed the police that on 29.11.2022 in the afternoon, the accused Vipasha David and Mohd. Siraz came to the house and took away the victim with them without informing anyone. On the said information, Assistant Sub-Inspector Dinesh Tiwari (PW-9) registered a missing report vide Ex.P-20 at 11.30 pm and First Information Report under Section 363 of IPC against accused Vipasha David and Mohd. Siraz vide Ex.P-5. On 01.12.2022 at about 6-6.30 pm, the victim (PW-1) reached home and informed her mother (PW-3) and father (PW-4) about the incident.

4. On 01.12.2022, victim (PW-1) was recovered from mother (PW-3) and father (PW-4) as per recovery panchnama Ex.P-1. After inspecting the spot, a site map Ex.P-6 was prepared. After obtaining consent from victim’s mother, the victim was sent for medical examination along with lady constable number 1303 Jigyasa Kaushik (PW-6) to CIMS Bilaspur along with the medical examination form. Dr. Prachi (PW-2) has examined the victim and provided the report Ex.P-4. Assistant Sub-Inspector Dinesh Tiwari (PW-9) during investigation seized the sealed panty, vaginal slide and blood sample of the victim when presented by the lady constable from the hospital as per seizure memo Ex.P-10. Two mobile phones of Oppo and Vivo company and the key of the lock kept at the scene of crime have been seized from accused Sarita David as per seizure memo Ex.P-8. Accused Mohd Siraz has been arrested as per Ex.P-28 and information has been given to t