Law:

Section:

Penal Code (XLV of 1860)-------Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Kidnapping or abduction for ransom, common intention, act of terrorism---Appreciation of evidence---Complainant and abductee had fully implicated accused persons in the case---Accused were identified by the complainant in identification parade, and abductee had identified accused persons in the court---Evidence of abductee inspired confidence, for the reasons that he had no enmity or motive to falsely implicate accused persons in the said heinous crime---If accused was identified in the court, and evidence inspired confidence, it was sufficient to record conviction against accused---Delay in lodging F.I.R. had fully been explained by the complainant, and delay in holding identification parade, would not be fatal to prosecution case, for the reason that holding of identification parade was not requirement of law, and was merely corroborative piece of evidence---Evidence of complainant and abductee, being consistent on all material particulars, there was no reason to suggest that they had deposed falsely---No major contradictions had been pointed out in evidence and minor contradictions, would not be fatal in the prosecution case---Defence plea raised by accused could be disbelieved for the reasons; that said plea had not been put up to the prosecution witnesses in cross-examination, nor it was specifically raised at the time of recording the statement of accused under S.342, Cr.P.C.---Defence version was not supported by some cogent evidence---Huge and trustworthy evidence was available to connect accused person in the case---No reason existed to disbelieve prosecution evidence, while defence plea was discarded being improbable and an afterthought---Technicalities of procedural nature, lapses on the part of Investigating Officer, and minor contradictions should be overlooked to curb such heinous crimes---Prosecution had proved its case against accused persons, and the Trial Court had rightly believed the prosecution evidence---Judgment of Trial Court being based on sound reasons, there was no occasion to disagree with finding recorded by the Trial Court---Accused…

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