2012 (12) TMI 1220 - HC - Indian Laws

Summary

Issues involved: Appeal u/s 378(1) and (3) of CrPC against acquittal in S.C.No.678/2005 for offences u/s 364(A) r/w. Section 34 of IPC.

Summary:

Issue 1: Prosecution's case of kidnapping for ransom

The prosecution alleged that accused persons kidnapped a minor boy for ransom, demanding Rs. 30,00,000 from the father and threatening to harm the child. The Sessions Court acquitted the accused due to lack of evidence beyond reasonable doubt.

Details: The prosecution relied on evidence of witnesses and exhibits to prove the kidnapping and ransom demand. The Sessions Court found the evidence insufficient to establish guilt, leading to the acquittal of the accused.

Issue 2: Appeal against acquittal

The State appealed the acquittal, arguing that the Sessions Court erred in disbelieving crucial evidence and not considering the testimony of key witnesses.

Details: The State contended that the Sessions Court's reasoning for acquittal was flawed, especially regarding the evidence of the minor boy and the identification parade. The defense countered these arguments, asserting that the evidence was rightly disbelieved by the Sessions Court.

Judgment:

After hearing arguments from both sides, the High Court considered whether the prosecution had proved the kidnapping beyond reasonable doubt. The High Court found that the evidence, including the minor boy's testimony and identification parade, was credible and supported the prosecution's case.

The High Court upheld the Sessions Court's decision, noting that the prosecution witnesses did not sufficiently corroborate the case, leading to doubts about the guilt of the accused. Therefore, the appeal against the acquittal was dismissed.

This summary provides a detailed overview of the legal judgment, highlighting the key issues, arguments, and the final decision of the High Court in the appeal against the acquittal in the mentioned case.