2025:CGHC:3373-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 828 of 2021

1 - Ishwar Prasad Son Of Devlal Sahu Aged About 40 Years R/o. Village Khairjhiti, Police Station Kunda, District Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh ... Appellant(s)

versus

1 - State of Chhattisgarh Through Police Station Kunda, District Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh ... Respondent(s)

For Appellant(s) : Ms. Savita Tiwari, Advocate.

For Respondent(s) : Mr. S. S. Ubeja, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ravindra Kumar Agrawal, J.

20/01/2025

1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 22.06.2021, passed by Learned Additional Sessions Judge, Kabirdham, District- Kabirdham, Chhattisgarh in Sessions Case No. 21/2019, whereby the appellant has been convicted and sentenced for the offence in the following manner:-

Conviction Sentence Under Section 363 of I.P.C. RI for one year and fine amount of Rs.

500/-, in default of fine amount additional RI for one month.

Under Section 364-A of I.P.C. RI for life and fine amount of Rs. 1000/-, in default of fine amount additional RI for three months.

Both the sentences will run concurrently.

2. Brief facts of the case are that on 14.03.2019 at about 07:00 p.m., the victim Mahendra Sahu aged about 06 years, was playing in front of his house, the appellant came there by his motorcycle and kidnapped the victim by the said motorcycle and went towards Neurgao. During his search by his family members, the father of the victim received a telephonic call in his mobile phone through the mobile No. 8827439785 and demanded ransom of 3 lakh and called him near village Pandaria. He threatened also that if it is informed to the police, his son would be killed. A letter was also thrown on the door of the complainant and then the father of the victim Shravan Sahu lodged a report to the police and the FIR is registered for the offence under Section 363 and 364-A of I.P.C. on 14.03.2019 (Ex.-P/2). After tracing the location of mobile phone from which the ransom called was made to the father of the victim, he was recovered from the possession of the appellant on 14.03.2019 at about 22:30 hours and recovery panchnama Ex.-P/10 was prepared in presence of the witnesses. One samsung mobile has been seized from the father of the victim vide seizure memo Ex.-P/4. On 15.03.2019 a ransom demand letter was seized from the father of the victim vide seizure memo Ex.-P/5. The appellant was arrested on 15.03.2019 and one register having his handwriting has been seized from him vide seizure memo Ex.-P/9, one motorcycle, his mobile phone having SIM No. 8827439785 and white towel had been seized vide seizure memo Ex.-P/15 from the appellant. Call detail of the mobile No. 8827439785 has also been obtained by the concerned service provider along with the certificate under Section 65-B of the Evidence Act.

3. Statement of the witnesses under Section 161 of Cr.P.C. have been recorded and after completion of usual investigation charge-sheet was filed before the learned Judicial Magistrate First Class, Pandaria for the offence under Section 363, 364-A of I.P.C. The case was committed to the Court of learned Sessions Judge, Kabirdham from where the same has been transferred to the learned trial Court for its trial.

4. The learned trial Court has framed charge against the appellant for the offence under Sections 363 and 364-A of I.P.C. The appellant abjured his guilt and claimed trial.

5. In order to prove the charge against the appellant, the prosecution has examined as many as 13 witnesses. Statement of the appellant under Section 313 of Cr.P.C. has also been recorded, in which he denied the circumstances appears against him, plead innocence and have submitted that he has bee