P. Sathasivam, J. - (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 29.06.2010 passed by the High Court at Calcutta in C.R.A. No. 198 of 2006 whereby the High Court acquitted three out of seven accused persons giving them the benefit of doubt and affirmed the conviction and sentence of the Appellant herein and other three accused persons awarded by the Additional Sessions Judge, 6th Fast Track Court, Calcutta by order dated 17.02.2006 in S.C. No. 80 of 2000 and S.T. No. 4(3) of 2001.
(3.) Brief facts: (a) The prosecution case, in short, is that in the afternoon of 17.03.2000, which was a Bakrid day, a minor boy named Vicky Prasad Rajak (PW-2) was found missing. Mahendra Prasad Rajak (PW-3)-father of the boy (the Complainant) reported the matter in the Park Street Police Station which was recorded vide GD Entry No. 1504 dated 17.03.2000. Later on, the boys father received telephone calls from unknown persons demanding ransom of Rs. 10 lakhs and Park Street P.S. Case No. 117 dated 20.03.2000 under Section 363A of the Indian Penal Code, 1860 (in short Indian Penal Code) was amended to Section 364A Indian Penal Code and a case was registered against unknown persons. (b) On 21.03.2000, again the complainant received a call where the caller told him that he had the money because of the sale of the shop, however, the ransom demanded was reduced to Rs. 7 lakhs. The caller also threatened him that if the ransom is not paid, his son would not remain alive. There were further telephone calls on other dates and, ultimately, on 01.04.2000, the ransom was reduced by the caller to Rs. 3 lakhs. (c) Again on 04.04.2000, the Complainant received a telephonic message asking him to go to Jamalpur Railway Station with Rs. 3 lakhs wearing a black coloured shirt. He informed the same to the Lalbazar Police Station. He along with his relative and the police in civil dress, went to Jamalpur Railway Station but none approached. On enquiry from his wife, he learnt that another call had been received whereby the caller asked him to go to Sahebgunj Station by Danapur Express. Then they proceeded to Sahebgunj Station by that train and during the journey one Afsal @ Fazo asked the Complainant to get down at the next station i.e. Ghoga, where he would have to hand over the ransom but he refused to get down and went to Sahebgunj but none approached, they came back. Again on 13.04.2000, the complainant received a message from the caller to come at Ghoga Railway Station. When they went there, none came. At night, a raid was conducted by the Calcutta Police along with the help of Bihar Police and they arrested five accused persons, namely, Md. Kalim @ Kalu, Akram Khan, Afsal Khan @ Fazo, Md. Javed and Md. Mehtab from different places in Bhagalpur and the kidnapped boy was rescued from the house of Mehatab. Later, one of the associates of the accused persons, namely, Md. Zakir Khan was arrested in Calcutta. It was revealed that Zakir Khan was an ex-employee of the father of the kidnapped boy in his tailoring shop which he had sold. Two more associates, Nazamul Khan and Md. Dilshad, who took part in the commission of offence, were also arrested. (d) The police filed charge sheet against all the eight accused persons for the offence punishable under Sections 364A/120B read with 34 Indian Penal Code. On 13.11.2000, the case was committed by the Metropolitan Magistrate, 9th Court, Calcutta to the Court of Sessions. Vide judgment dated 17.02.2006, the Additional Sessions Judge sentenced seven accused persons to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to suffer rigorous imprisonment for one year each for commission of offence under Section 364A Indian Penal Code and further imprisonment for life and to pay a fine of Rs. 3,000/- each, in default, to suffer rigorous imprisonment for one year each for commission of offence under Section 120B Indian Penal Code and both sentences were to run concurrently. However, Md. Nazamul Khan, one of the accused was acquitted as not found guilty. (e) Against the said judgment, all the seven accused persons including the Appellant herein filed an appeal being C.R.A. No. 198 of 2006 before the High Court at Calcutta. By the impugned judgment dated 29.06.2010, the High Court acquitted Md. Javed, Md. Dilshad and Md. Mehtab giving them the benefit of doubt and affirmed the conviction and sentence imposed on Akram Khan-Appellant herein, Afzal Khan @ Fazo, Md. Zakir Khan and Md. Kalim @ Kalu. (f) Being aggrieved by the said judgment, Akram Khan-Appellant herein alone has filed this appeal by way of special leave before this Court. ;