Law: Penal Code (XLV of 1860)

Section: 365-A,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Anti Terrorism Act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable security, etc., common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Accused persons were charged that they kidnapped the son of complainant for ransom---Record showed that FIR had been lodged by the complainant without any reasonable delay in a case of kidnapping for ransom and as such there was no time to concoct a false case---Eyewitness, who had seen the abductee being kidnapped by the accused persons, was not a chance witness---Eyewitness was working in the same company as of the abductee and as they lived in the same area, there was every reason for them to be travelling on motor bikes near each other when the kidnapping took place whilst they were on their way home---Evidence of eyewitness about the kidnapping was relayed timely to the complainant which was reproduced by the complainant in his evidence---Eyewitness did not give any 'hulia' or description of the accused persons because he was too far away (35/40 metres) hence the FIR lodged by the complainant/father also did not give any 'hulia' or description of the accused persons as it was based on the evidence provided to him by that eyewitness, who saw the accused persons abducting the abductee by force---Eyewitness's evidence regarding the kidnapping was also corroborated by the abductee who was later recovered by the police---Witness had no enmity with the accused persons and had no reason to falsely implicate them---Witness was unscathed during cross-examination and as such his evidence was believable---Complainant corroborated the evidence of eyewitness as to how he came to know of the kidnapping and the lodging of the FIR---Complainant was present when the police arrested the accused persons on the spot at the time when he was meant to pay ransom to them---Accused persons having been arrested on the spot, the question of wrongful identification did not arise---Mobile of abductee which had been used to make the ransom demand was also recovered from the accused in the presence of complainant, which corroborated…

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