Motilal Yadav Versus State of Bihar

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2478 OF 2014
(Arising out of S.L.P. (Crl.) No. 2480 of 2014)

Motilal Yadav … Appellant
Versus
State of Bihar …Respondent

This appeal, by special leave, is directed against judgment and order dated 5.11.2012, passed by the High Court of Judicature at Patna, whereby the conviction of the accused-appellant Motilal Yadav recorded under Section 364A read with Section 34 and Section 120B read with Section 364A IPC by learned Additional Sessions Judge, ETCIII, Bhagalpur, in Sessions Case No. 1053 of 2003/Trial No. 12of 2004, is affirmed. The accused-appellant, along with other co-accused, has been convicted and sentenced to imprisonment for life and directed to pay fine of Rs.5,000/-under Section 364A read with Section 34 IPC, and further sentenced to imprisonment for a period of two years under Section 120B read with Section 364A IPC. Heard learned amicus curiae for the appellant and learned counsel for the respondent. Prosecution story in brief is that PW-6, Subhash Chandra Singh, gave a written information at Police Station, Kahalgaon, on 23.4.2002 at 8.05 a.m. that his grandson Sagar Kumar (PW-5) has been kidnapped. The informant narrated in the written report that the victim (Sagar Kumar), aged six years, along with his sister PW-4 Riya Kumari, aged four years, was going to St. Joseph NTPC School, Kahalgaon in a rickshaw pulled by PW-1 Anil Ram. The informant further told that the rickshaw puller told him that one person came to the rickshaw and took the victim after telling him that his father was calling him at the railway station. On receiving information, the informant immediately rushed to the location where the rickshaw puller Anil Ram (PW-1) was waiting for the victim’s return. An FIR No. 117/2002 was recorded at the police station and the investigations were taken up by the Investigating Officer….read more