TOBIR AHMED Vs. STATE

JUDGEMENT

(1.) TOBIR Ahmed and Mohd. Azam are convicted for the offence punishable under Section 364A/34 IPC by the impugned judgment dated March 03, 2011 for kidnapping for ransom one Mohd. Bakhtawar Ali son of Mohd. Shabir PW -2 and directed to undergo imprisonment for life and to pay a fine of Rs.2000/ - each and in default thereof to undergo R.I. for two months each.

(2.) LEARNED counsel for the appellant Tobir contends that the circumstances in which the child was taken, the child was kept and was found sleeping is not incriminating against the appellant Tobir. There is no evidence to the effect that Tobir shared common intention with Mohd. Azam. As regards the apprehension of Tobir at the spot there is material contradiction between the testimony of the complainant and the two public witnesses. The gravamen of charge is with the aid of Section 34 IPC and not 120B IPC and there is no overt act attributed to the appellant. There is delay in registration of FIR. Learned counsel for Mohd. Azam contends that though the case of complainant is that he received the ransom call with threat at 6.45 PM, however there is no corresponding call at 6.45 PM in his mobile phone call records. All the Police officers stated that they apprehended Azam which is not possible.

(3.) NO defence evidence has been led by the appellants. The explanation of Tobir and Azam in their statements under Section 313 Cr.P.C. are that they are innocent and Azam was employed with Zafir brother of Mohd. Shabir. There was a dispute between Zafir and Azam regarding payment of salary due to which Azam was implicated and Tobir was arrested from his house and falsely implicated being friend of Azam.