Sc No. 3/2010 1 State vs Madan Gopal Etc. on 24 July, 2010
6. On the other hand Ld. Additional Public Prosecutor submits that
accused Madan Gopal is the real brother of the first informant
Virender Kumar, the father of the kidnapped child, therefore the
witnesses has turned hostile. It is further argued that the call
records Ex.PW8/B1 to B5 would connect the accused with the
present offence as the ransom call was made from phone no.
9971771397, (which was found in possession of accused Madan
Gopal) to the mobile phone no. 9873209422 of PW2 Virender
Kumar, the father of the kidnapped child. Ld. Additional Public
SC No. 3/2010 8 State Vs Madan Gopal etc.
FIR No. 162/2007
PS Sarai Rohilla
Prosecutor has drawn my attention that the date and time of the call
records tally with the date and time of the ransom calls as testified
by PW2. Ld. Additional Public Prosecutor further argues that
recovery of the child from the house of accused Bahadur at
Mohammadpur PS Sikandara, District Jamui from the custody of
both the accused persons fully proves the prosecution case. Ld.
Additional Public Prosecutor has drawn my attention to the call
records of Bihar circle, which is Ex.PW9/C. It is submitted that this
record would show that on 3.5.2007 two calls were made from
phone no. 9971771397 belonging to accused Madan Gopal to
mobile phone no. 9873209422 belonging to the father of the
kidnapped child. Similarly, on subsequent dates also similar calls
were made. The record shows that the location of the calling
number was in Bihar circle. Therefore it stands proved beyond
reasonable doubt that accused persons not only kidnapped the child
and took him to Bihar but also made ransom calls from Bihar on the
mobile phone of the father of the kidnapped child. The mobile
phone record Ex.PW9/C also proves the presence of accused Madan
Gopal in Bihar at the relevant time.