Dr. Shalini Phansalkar Joshi, J. - (1.) BOTH these appeals are arising out of judgment dated 24.6.2013, of Additional Sessions Judge, Mumbai, in Session Case No. 133 of 2011. By the impugned judgment, appellant/original accused Nos. 1 & 3 are convicted for the offences punishable under Sections 364 -A and 344 read with Section 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/ - each, in default to suffer rigorous imprisonment for six months, on the first count and rigorous imprisonment for two years and to pay fine of Rs. 1,000/ - each, in default to suffer rigorous imprisonment for six months, on the second count.
(2.) BRIEF facts of the case can be stated as under : - P.W.15 Master Karnit is the son of P.W.1 Anand Shaha and P.W.14 Alpa Shah. On 6.4.2011, as usual he went to play in the compound of the building at about 5.15 p.m. However, he did not return to the house till 7.30 p.m. Hence after taking his search, Missing Report was lodged with the police. During the course of enquiry of the said report, it was revealed that accused No. 1 Sameer @ Sani was coming to the society for playing cricket with Karnit and his friends and a suspicion was expressed that he might have kidnapped Karnit. Hence on 7.4.2011, Karnit's father, P.W.1 Anand Shah lodged complaint against accused No. 1 Sani. On his complaint (Exh.18), C.R. No. 87 of 2011 came to be registered. The investigation of the said case was taken over by P.W.40 Police Inspector Salunke. While he was recording statement of witnesses and taking search of missing child, on 15.04.2011 P.W.1 Anand Shah informed him that he has received a phone call on his mobile No. 9870026253 demanding amount of Rs. 2 lacs as reward for tracing out the child. The location of the said mobile phone was attempted to be traced. On the next day i.e. on 16.4.2011, another phone call was received by the father of child P. W. 1 Anand Shah, informing that the child was with the said person and Anand Shah should make arrangement of Rs. 1 crore. P.W.1 Anand pleaded his inability to arrange the said amount. However, he confirmed the child with the said caller was his son. On 17.4.2011, and again on 18.4.2011, calls were received from different phone numbers and in pursuance thereto, investigation was made and ultimately kidnapped child was traced in the house of P.W.19 Ramshankar Bind, the brother -in -law of accused No. 3 Suchitkumar in village Sujaula in Uttar Pradesh.
(3.) THE child was brought from there by a team headed by P.W.22 API Bhoir to Mumbai alongwith accused No. 3. The child was handed over to his parents and then in the custodial interrogation of accused No. 3, the names of accused No. 1 and acquitted accused Nos. 2 and 4 were transpired. Hence after carrying out due investigation, the chargesheet came to be filed in the Court against four accused, for the offences punishable under Sections 364 -A, 344 read with Section 34 and Section 120B of Indian penal Code.;