Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 365-A--- Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping or abducting for extorting property, valuable security---Act of terrorism---Appreciation of evidence---Entire prosecution case was based on the evidence of the complainant, alleged abductee and one eyewitness---Alleged abductee had been recovered from the custody of the accused, but he had appeared before the police on his own volition along with the complainant---No ransom had been paid to the accused or any other person---FIR in question contained nothing about the amount of money demanded as ransom---Prosecution witnesses had made improvements in their statement before court by deposing that the accused had demanded Rs. fifty lac as ransom---Alleged abductee had deposed that after seven days of his abduction all the accused persons had demanded ransom from his relatives through cell phones, but the complainant had not stated anything about the same---Prosecution witnesses had exaggerated the FIR story during their examination before the court by introducing new facts---Some of the accused persons were already known to and relative of the complainant and the alleged abductee, but still the accused persons had been shown as unidentified to the complainant and the witnesses in the FIR though they were all with open faces at the time of occurrence, which created doubt in the prosecution story---Prosecution story appeared to be cock and bull story---Presence of the eye-witnesses, in the circumstances of the case, appeared to be doubtful----No independent witness from the village had been cited in the case---Evidence of the Investigating Officer was contradictory to the evidence of the alleged abductee---Alleged abductee, in his statement recorded under S. 164, Cr.P.C. had not stated if the complainant and the eye-witness were present with him at the time of the incident---Abductee had stated in his statement under S. 164, Cr.P.C. to have been alone at the time of the incident and that the accused persons had been identified on the vardat; thus, his said statement was not consistent with the version given in the FIR as well as the statements of the other…

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