17-Aug-2021

Per G.S. Ahluwalia J.

1.

By this Common Judgment, Cr.A. No.s 463/2008, 466/2008

and 482/2008 shall be decided.

2.

All the three Criminal Appeals have been filed against the

judgment and sentence dated 26-4-2008 passed by Special Judge,

2

Datia in Special Sessions Trial No.58/2005 by which the appellants

have been convicted and sentenced for the following offences :

Appellants

Conviction

under

Section

Sentence

All Appellants 364-A IPC read with

Section

13

of

M.P.D.V.P.K. Act

Life Imprisonment and

fine of Rs.10,000/- in

default 2 years R.I.

All Appellants 346 of IPC

1 year R.I.

(All sentences to run

concurrently)

3.

According to prosecution story, on 22-7-2005 at about 23:30,

the complainant Manohar Singh, lodged a missing person report that

at about 7 P.M., his elder brother Ram Prakash Rajput had gone to see

his cattle. At about 19:30, the cattle came back to the house, but his

elder brother did not return. He tried to search for him, but could not

get his whereabouts.

4.

Although, the police had received the gum insaan report on 22-

7-2005, but the F.I.R. was registered on 9-8-2005 at 12:30.

5.

Thereafter, the abductee Ram Prakash Rajput, returned back on

his own. The police after