Md.Faizan Ahmad @ Kallu vs State Of Bihar

3. Learned Sessions Judge convicted the appellant and A2 and A3 under Section 364A read with Section 149 of the IPC and sentenced them to undergo rigorous imprisonment for life. They were also sentenced to pay fine of Rs.10,000/-. On failure to deposit the fine, they were directed to undergo simple imprisonment for one year. They were also convicted under Section 120B of the IPC and sentenced to undergo rigorous imprisonment for life. A4, A5 and A6 were convicted under Section 368 read with Section 149 of the IPC and under Section 120B of the IPC. They were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. On failure to deposit the fine, they were directed to undergo simple imprisonment for one year. They were also convicted for offence under Section 120B of the IPC and sentenced to undergo rigorous imprisonment for life. All the sentences were ordered to run concurrently. Being aggrieved by the said judgment and order, the appellant and the other accused preferred appeals to the Patna High Court. The Patna High Court by judgment dated 14/09/2011 confirmed the order of conviction and sentence and dismissed the appeals. The said judgment is challenged in this appeal by the appellant (A1).

4. PW-5 Sazia, aged about 8 years, is the daughter of PW-11 Takki Imam and PW-6 Shirri, aged about 7 years, PW-7 Rehan, aged about 5 years and Arfa Jamal, aged about 3 years are the children of PW-4 Nusrat Bano. According to the prosecution, on 5/10/2002, these children returned from Masjid at about 4.00 p.m. after completing their studies. They went out to play. As the children did not return till 6.00 p.m. PW-11 Takki Imam and PW-4 Nusrat Bano started searching for them all over, but in vain. At about 9.00 p.m. on the same day, PW-11 Takki Imam went to Sahebpur Kaml Police Station and lodged his FIR. We shall deal with the evidence of PW- 11 Takki Imam and the FIR lodged by him, a little later but suffice it to say, at this stage, that PW-11 Takki Imam, inter alia, stated in the FIR that he suspected that the appellant had played a role in the disappearance of the children. Investigation was started on the basis of PW-11 Takki Imam’s complaint. Statements of PW-5 Sazia, PW-6 Shirri and PW-7 Rehan were recorded under Section 164 of the Code of Criminal Procedure, 1973 by PW-10 Nagendra Tripathi, the then Judicial Magistrate, Begusarai. Pursuant to the statement made by Dawood (A4), the children were recovered on 8/3/2003 i.e. after about 5 months from the tunnel (Surang) made in the house of Sultan (A3). At the trial, the prosecution placed heavy reliance on the evidence of PW-1 Ziauddin and PW-4 Nusrat Bano, who are the parents of PW-6 Shirri, PW-7 Rehan and Arfa Jamal. Reliance was also placed on the evidence of PW-11 Takki Imam. Evidence of PW-5 Sazia, PW-6 Shirri and PW-7 Rehan proved to be crucial. The appellant denied the prosecution case.

12. In the result, we allow the appeal and set aside the impugned order. The appellant – Md. Faizan Ahmad @ Kalu is ordered to be released forthwith, if he is not required in any other case.

13. The appeal is disposed of in the afore-stated terms.