Law:

Section:

Penal Code (XLV of 1860) --------- ----------S. 365-A --------- Criminal Procedure Code (V of 1898), S.417(2-A) --------- Abduction for ransom --------- Appeal against acquittal --------- Reappraisal of evidence --------- Private Call Detail Record (CDR) produced by the complainant regarding tracing of call data of accused, on the basis of which the FIR, was registered, had not been placed on file --------- Said CDR, had no signature of issuing authority, nor verified by the concerned authorities --------- Recovery of alleged abductee, was also doubtful --------- Abduction from busy place of transport adda at noon time by four persons, was not appealable to a prudent mind --------- Statements of abductee under S.164, Cr.P.C., and before Trial Court were also contradictory to each other --------- Data in respect of cell numbers of complainant and alleged abductee, had also not been collected by Investigating Officer, which could show that they were called by the abductors on that numbers --------- Recovery memo in respect of mobile phones recovered from possession of accused persons, at the time of their arrest, had not been prepared --------- Court witness, also admitted that he conducted raid on the premises, without search warrants and that he could not conduct raid at a house without a warrant or FIR which meant that raid was conducted illegally --------- Supplementary statement of alleged abductee under S.164, Cr.P.C. was recorded after delay of six days, due to which consultation and deliberation of complainant party for involving accused, could not be ruled out --------- Identification parade had been conducted after delay of 15 days --------- Said identification, was also not in accordance with law, as joint identification was conducted, which was not the requirement of law, because the identification of each accused was to be conducted separately which had created dent in the prosecution case --------- Accused persons, had not made any confession before the competent court, nor alleged abductee had been recovered from immediate possession of accused persons --------- Prosecution had failed to prove its case against accused persons beyond any shadow of…

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