Mohit Raghuwanshi vs State Of U.P.
2015 Latest Caselaw 3456 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 1343 of 2014
 

 
Appellant :- Mohit Raghuwanshi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- A.M. Tripathi
 
Counsel for Respondent :- Govt. Advocate,Bhuvnesh Kumar Singh
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

Heard learned counsel for the parties.

This appeal has been filed against the judgment and order of the Sessions Court of Additional District Judge, Court No.1, Bijnore dated 12.3.2014 passed in S.T. No. 136 of 2012 under Section 302 read with Sections 34 and 201 I.P.C. arising out of Case Crime No. 642 of 2011, Police Station Dhampur, District Bijnore.

An F.I.R. was lodged on 3.12.2011 by Sri Pramod Rathi-father in respect of his son Yash Rathi aged about eleven years having gone missing from the said date. It was mentioned that the son had gone to the cricket field in village-Dhampur, Bijnore at 4:30 P.M. Thereafter he had not returned. On 8.12.2011 during the search of the child, a dead body was found in the village at the side of the Bundaki Road near Rampura Lashkari Wali Nahar Ki Pooliya of Bundaki Road. The dead body was identified to be that of Yash Rathi. After investigation, a charge sheet was submitted.

On the basis of the statement of P.W. 1-Arun, P.W.2-Vishal Junaija, and P.W.3-Pramod Rathi the informant. The theory of last seen was found to have been established. It was found that Yash Rathi was last seen in the company of the three accused namely, Vivek Verma, Sahil Vakar and Mohit Raghuwanshi. The dead body was sent for postmortem and from the medical report, it was proved beyond reasonable doubt that the unnatural offence had been committed upon the child and thereafter he was strangulated with the help of shoe lace and to destroy his face, Acid was thrown on it. A mobile phone alleged to have been used for determining ransom was recovered. The trial court on the basis of the evidence brought on record found that the charges under Section 302 read with Section 34 and 201 I.P.C. were made out and accordingly the three accused have been convicted and sentenced for life imprisonment. 

Learned counsel appearing for the appellant- Mohit Raghuwanshi submitted that the mobile phone, which is alleged to have been recovered on the pointing out of the appellant, in fact  establish to have been used for demanding ransom. Moreover recovery was made in the presence of the police. It is lastly submitted that since the offence under Section 364-A had not been established the prosecution story must fail. 

We have examined the judgment and order of the trial court and the evidence referred therein. The factum of last seen has been proved by  the prosecution witness, which could not be believed by the counsel for the appellant. We, therefore, see no ground for bail being granted to the accused.

Bail application of Mohit Raghuwanshi is rejected.

Order Date :- 27.10.2015

Ashish Pd.