ASHOK BHUSHAN, J. - (1.) Leave granted.
(2.) This appeal has been filed by the accused challenging the judgment of the High Court dated 06.08.2019 by which Criminal Appeal No. 1121 of 2012 filed by the appellant questioning his conviction and sentence under Section 364A IPC has been dismissed.
(3.) The prosecution case in brief is :- 3.1 The victim, PW-2 Prateek Gupta, was a student in VIth standard in St. Mary's High School, Rezimental Banzar, Secunderabad, Hyderabad. On 03.02.2011, PW-2 went to a picnic organised by the school and returned to school at around 3:00 pm. Usually, PW-2 would wait for a regular (fixed) auto to drop him home from school but unfortunately on the said date, the same did not turn up. 3.2 PW-2 waited till about 4.00 pm and thereafter PW-2 phoned his father (PW-1) from the cell phone of his school teacher (PW-3). PW-1 instructed PW-2 to take another auto to go home. PW-1 engaged the services of an auto driven by the accused (appellant herein) to take him home and boarded the auto. 3.3 Thereafter, the accused took him from an unknown route by informing PW-2 it is a short cut and took him to some unknown place by promising that he would call PW-1 and ascertain the correct address, after which he would drop PW-2 at home. It is alleged that the accused took PW-2 to the house of his sister, PW-6, and told PW-2 that he would drop him at his home in the morning of the next day. Thereafter, the accused allegedly called PW-1 stating that he had PW-2 in his custody and demanded a ransom of Rs.2 lakhs to release PW-2. 3.4 On the same day at about 8.30 pm the accused again called PW-1 and reiterated his demand for release of PW-2. PW-1 conveyed his inability to pay the ransom amount, subsequent to which the accused demanded a sum of Rs. 1.50 lakhs for the release of PW-2. PW-1 after receiving the phone call went to the police station and lodged report, which was marked as Ex.P-1. The same was received and a case being CV No. 37/2011 u/s 364S of IPC was registered and handed over for further investigation. 3.5 As per the prosecution, at about 6:00 am the Accused along with PW-2 left to Borabanda from his sister's house in an Auto and while travelling called PW-1 from the phone of the auto driver (PW-5) to enquire about the status of the ransom money. PW-1 was instructed to come to Pillar No 99, P.V. Narsimha Rao Expressway on foot and raise his hand for identification. When PW-1 reached the location, he found the accused present at the spot and raised his hand. When PW-1 was trying to handover the ransom to the accused, the police who were in mufti surrounded the accused and took him into custody. The police seized 2 cell phones, ID cards and Rs.200/- (Rupees Two Hundred Only) from the accused. 3.6 The police found the victim seated in an auto a short distance away, who was taken to the police station and statement under Section 161, Cr.P.C. of the victim (PW-2) was recorded at P.S. Gopalapuram. After investigation, charge sheet was filed against the appellant under Section 364A IPC. Charge was framed by the Additional Chief Metropolitan Magistrate, Secunderabad against the accused under Section 364A IPC. After appearance of the accused, learned Additional Chief Metropolitan Magistrate committed the case to the learned Sessions Judge. Prosecution examined eight witnesses, the father of the victim and defacto complainant, Sanjay Gupta was examined as PW-1. Prateek Gupta, the victim was examined as PW-2. Kumari Sujata Rani, the school teacher was examined as PW-3, who proved that from her cell phone, the victim had spoken to his father, who informed the victim to come by taking another auto. PW-4, Krishna Yadav and PW-7 were examined as Panch witnesses. PW-5 was examined as auto driver, who, on asking of accused took the accused and victim to Pillar No.78 of P.V.N.H. PW-8, the Sub5 inspector of police, K. Ramesh, who was I.O. PW6 was another witness. Prosecution marked Exh.P1 to P4 and M.O.1 to 3. 3.7 After recording evidence of prosecution, the accused was examined under Section 313 Cr.P.C. On behalf of defence Exh. D1 and D2 were marked. 3.8 Learned Sessions Judge after considering the evidence led by witnesses held that accused kidnapped PW-2 and telephoned to PW-1 demanding Rs.2 lakhs for release of PW-2. The learned Sessions Judge held that prosecution clearly established the guilt of the accused for the offence under Section 364A IPC. After recording conviction, he was sentenced to undergo life imprisonment for offence under Section 364A IPC and also liable to pay fine of Rs.5,000/- by judgment dated 01.11.2012. 3.9 The appellant filed an appeal before the High Court. The appeal has been dismissed by the High Court by the impugned judgment dated 06.08.2019. The High Court held that PW-2 was kidnapped by the accused and ransom of Rs.2 lakhs was demanded from PW-1. When the appellant-accused came to collect the ransom amount demanded, he was apprehended by the police. High Court held that prosecution clinchingly proved the guilt of the accused beyond all reasonable doubt for the offence punishable under Section 364A of IPC. The appeal was accordingly dismissed. ;