Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.365-A---Kidnapping or abduction for extorting property, valuable security, etc.---Bail, grant of---Delay in lodging F.I.R.---Prosecution witnesses related to complainant--- Joint extra-judicial confession---Delay of one month and twenty three days between occurrence and lodging of F.I.R.---Accused persons had been nominated in the F.I.R. but complainant had not mentioned any evidence against them regarding their involvement in the commission of the offence---Statements of two prosecution witnesses showed that accused had confessed their guilt before them, but statements did not reveal date, time and place where accused allegedly confessed to their involvement in the offence---Evidence of joint extra-judicial confession against accused was inadmissible in evidence---Two other prosecution witnesses, who were related to the complainant, had stated that at the time of occurrence they saw accused and their co-accused sitting with the abductee, but fact of being related to the complainant was not mentioned in the F.I.R.---Nothing was recovered from possession of accused during investigation and they were behind bars for a period of about 6 months---Accused were admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.365-A---Kidnapping or abduction for extorting property, valuable security, etc.---Bail, grant of---Subscriber Identification Module (SIM) card of mobile phone in the name of accused---Contradictions in statements of witnesses--Accused (co-accused) was not nominated in the FIR but was implicated by complainant and two prosecution witnesses in their supplementary statements, which were recorded by the police after a delay of three months and twenty days---Subscriber Identification Module (SIM) card of accused had allegedly been used by the co-accused but there was no evidence available on the record showing that it was in the knowledge of the accused that his SIM card was being used by the co-accused---Three prosecution witnesses had stated that they saw the accused sitting with the co-accused at the time of abduction,…

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