Marathi Srujan Kumar, vs The State Of A.P., Rep By Pp.,
2022 Latest Caselaw 3884 Tel

Citation : 2022 Latest Caselaw 3884 Tel
Judgement Date : 26 July, 2022

Telangana High Court

Marathi Srujan Kumar, vs The State Of A.P., Rep By Pp., on 26 July, 2022

Bench: K.Surender

            HON'BLE SRI JUSTICE K.SURENDER

             CRIMINAL APPEAL No.442 OF 2009

JUDGMENT:

1. The appellant is convicted of the offence under Section

363 IPC and sentenced to undergo RI for a period of 4 years

and also to pay fine of Rs.3,000/-, in default, to suffer SI for 3

months and is also convicted for the offence under section 342

IPC and sentenced to undergo RI for a period of one year vide

judgment dated 24.04.2009 in S.C.No.383 of 2006 passed by

IV Additional Sessions Judge, Ranga Reddy District. Aggrieved

by the same, the present appeal is filed.

2. The case of the prosecution is that P.W.1 who is the

father of the victim girl (P.W.4) filed a complaint before the

Sanathnagar Police Station on 10.11.2004 stating that his

daughter was kidnapped by Srujan Kumar with the help of

one Sai. He is son of Krishna, who was residing in front house

and one Jyothi resident of Vikarabad is also part of it. They

said deceitful words and kidnapped his daughter. He searched

for his daughter and was not able to trace her. The complaint

registered for the offence under Section 366-IPC and the same

was investigated by P.W.6. PW6 traced the victim on

15.11.2004 at Jubilee Bus Station and the statement of the

victim girl was recorded and on the basis of the statement of

the victim girl, accused were arrested. After completion of

investigation, charge sheet was filed against A1 to A3. Charges

were framed for the said offences, however, the learned

Sessions Judge after conclusion of trial found that A2 and A3

were not complicit in the commission of offence of kidnapping

P.W.4 and acquitted them, however convicted the appellant.

3. Learned counsel for the appellant submits that the police

have falsely implicated the appellant and there is no evidence

except the statement of P.W.4, the victim girl that she was

kidnapped and taken away by the appellant, for the said

reason, the conviction recorded under Sections 363 and 342 of

IPC has to be set aside.

4. P.W.4 stated that one Srujan was following her while she

was in her X class and also took her to Warangal. Thereafter,

P.W.1 and police met them and took them to the Police

Station. She further stated that they went to Warangal for one

or two days. However, in the cross-examination she stated as

follows:

"I have not informed about the coming of Srujan to the hostel to the warden. I cannot identify correctly Srujan kumar. It is not true to suggest that at the instance of my parents what I have stated before the police and Magistrate while recording my statement. I have stated before them what was happened."

4. As seen from the evidence of P.W.4 she specifically stated that

she cannot identify the person by name Srujan Kumar correctly.

Neither the Court nor the Public Prosecutor had specifically asked

about the appellant in the Court whether he was the person who

had taken her to Warangal. In the absence of any identification of

the appellant who was present in the Court by the victim girl

P.W.4, the question of convicting the accused for the offence under

Sections 363 and 342 of IPC does not arise. The only basis for the

appellant being implicated in the case is that the father had

expressed his suspicion that the person by name Srujan must have

kidnapped his daughter. However, according to P.Ws.1 and 6, she

was traced at bus stand and brought to the police station. No test