SURAJSINH ALIAS SONU SURAJSINH COLLECTORSINH ALIAS SEVARAM RAJPUT versus STATE OF GUJARAT

Citation: [2017] 4 S.C.R. 952 · Decided: 18-04-2017 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

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Judgment (excerpt)

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[2017] 4 S.C.R. 952 
SURAJSINH ALIAS SONU SURAJSINH 
COLLECTORSINH ALIAS SEVARAM RAJPUT 
v. 
STATE OF GUJARAT 
(Criminal Appeal No. 695 of 2016) 
APRIL 18, 2017 
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.] 
Penal Code, 1860-ss.364(A), 114- 7 year old boy kidnapped 
C from Ahmedabad and recovered from Dausa, Rajasthan - Ransom 
calls demanding Rs.JO lakhs for release of boy - Trial court 
convicted appellant and sentenced to life imprisonment - Appeal 
dismissed by High Court - Appellants plea that he was acql>itted in 
an FIR registered in Dausa, Rajasthan u/ss. 307134, 332, 353 and 
D ss. 3125,. Arms Act alleging that he fired on the police during the 
recovery of the boy and thus his acquittal in the said case rendered 
the entire prosecution case regarding recovery of child from him as 
doubtful - On appeal, held: The arrest of the accused and the 
recovery of boy from Dausa, Rajasthan has been proved - The 
child witness narrated the entire sequence of events from his 
E kidnapping till his recovery and could not be shaken in the cross-
examination - His testimony was held to be natural and true_ by the 
courts below - Further, perusal of the judgment acquitting accused 
of charges ulss.307, 332 and 353 shows that the Court did not 
disbelieve the incident and the arrest of accused, however, acquitted 
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him giving the benefit of doubt - Accuseds acquittal in the said 
case does not in any manner help him insofar as his convir:tion in 
the present case ulss. 364A and 144, JPC is concerned, which has 
been proved by evidence on record - Further, the demand of ransom 
by telephonic calls has also been proved - No error in the judgment 
of courts below warranting any interference. 
Evidence - Witness :... Child witness - Reliability of - Held: 
The sequence of events as narrated by the child witness were fully 
proved by the incident which happened at Dausa, Rajasthan i.e. 
his recovery along with accused - His evidence was corroborated 
by other prosecution witnesses - Further, in his cross-examination, 
952 
· SURAJSINH@ SONU SURAJSINH COLLECTORSINH@ SEVARAM 953 
RAJPUT v. STATE OF GUJARAT 
not ever. a suggestion was given that he was giving evidence on A 
tutoring by someone. 
Dismissing the appeal, the Court 
HELD: 1.1 The arrest of the accused and the recovery of 
boy from Dausa, Jaipur has been proved by PW. 13, belonging to 
Rajasthan Police and PW. 14, Panch witness. PW.7 the child B 
witness had narrated the entire sequence of events from his 
kidnapping till his recovered by Rajasthan Police. Boy was aged 
seven years at the time of incident. He had narrated the entire 
incident and could not be shaken in the cross-examination. The 
testimor.y of child witness was held to be natural and true by the c 
courts below. [Para 12] (958-E-Fl 
1.2 Much reliance was placed on judgment of Additional 
District & Sessions Judge (Fast Track) Dausa, Rajasthan in 
Sessions Case No. 67/2010 in which the appellant was acquitted. 
The perusal of the said judgment would indicate that the Court D 
has not disbelieved the incident and arrest of the accused. The 
Court, however, held that the prosecution could not p:-ove 
charges under Section 307, 332 and 35tIPC and hence acquitted 
him by giving the benefit of doubt. Thus, the said judgment 
acquitting him from charges under Section 307, 332 and 353 IPC 
does not in any manner help the appellant insofar as conviction 
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recorded against him under Section 364(A) and 114 IPC is 
concerned. [Paras 13, 14, 16 and 17) (958-G; 959-A-B, F-H) 
2.1 The trial court had elaborately considered the evidence 
on record. The demand of ransom by telephonic calls had been 
proved by oral evidence. The conclusion that victim was 
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kidnapped by appellant with whom he remained till his recovery 
is proved by ample evidence on record. [Paras 21, 31) (960-D, E; 
963-BI 
3. The sequences of event as narrated by child witness are 
fully proved by the incident which happened at Dausa, Rajasthan 
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i.e. recovery of child along with accused. Thus, the prosecution 
case of kidnapping the victim and taking victim from Ahmedabad 
to Dausa, Rajasthan had been fully proved and the evidence of 
child witness had been corroborated by evidence of P.W.3, P.W.S, 
P.W.13, P.W.14 and P.W.17. [Para 32] [963-C-D] 
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954 
SUPREME COURT REPORTS 
[2017] 4 S.C.R. 
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4. The trial court has thoroughly marshalled the oral and 
documentary evidence on record. High Court on re-appreciation 
of such evidence had a

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