- (1.) The instant appeal has been preferred against the judgment and order dated 08.05.2014 passed by learned Additional Sessions Judge, Court No.5, Mathura, in Sessions Trial No.590 of 2011 State of U.P. Vs. Ram Lakhan and others arising out of Case Crime No.242 of 2010 under Sections 366, 376 I.P.C., Police Station Barsana, District Mathura in so far as it relates to acquittal of accused respondents Vijay and Vishnu.
(2.) As per factual matrix of the case, NCR No.82 of 2010 under Section 498 I.P.C. Police Station Barsana, District Mathura was entered against the accused Vijay and Rakesh at the instance of complainant Shivram, on 17.07.2010 wherein it was stated that the complainant's son Kanhaiya had gone to Jungle for agricultural work on 13.07.2010 at 7:00 a.m. His wife Smt. Krishna aged about 24 years and her two sons Kapil aged about 3 1/2 years and Manish aged about 1 1/2 years were staying at home. Around 10:00 a.m., the complainant did not see Smt. Krishna and her two sons inside room whereupon he thought that they might have gone to Jungle. When the son of complainant Kanhaiya came from Jungle around 6:00 p.m. (the same day), the complainant enquired about his wife and sons. His son replied that he had left them in the house. This worried the complainant and his son.
(3.) Thereafter the complainant and his son Kanhaiya telephonically talked to their relatives and searched for Smt. Krishna and two sons but no trace of them could be made out. An inquiry was also made from neighbourhood Vijay @ Vijan son of late Radhey because he used to talk to Smt. Krishna on telephone but he (Vijay @ Vijan) told nothing. The friend of Vijay @ Vijan namely Rakesh also used to talk to Smt. Krishna on telephone. He too was asked about whereabout of Smt. Krishna but nothing could be known. Suspicion arose regarding above two persons that they might have abducted/kidnapped Smt. Krishna and her two sons.;