present case. Additionally, the accused argued that he
had no legally enforceable debt towards the complainant
and filed a counter -complaint alleging kidnapping ... suggest that the complainant and others had
been involved in a kidnapping case filed against him. However, as
correctly pointed out by the trial court
obtained signature of another son who was in Tumkur
Jail in Kidnap case. On 24.07.2010 himself, his wife
and children were taken away ... accused No.1 asked him, what happened, he stated
that he was kidnapped to get the execution of MOU
register and lodged complaint before Hebbal
releasing CW.2 and the deceased
from jail relating to a kidnap case. Thus, from the
materials available on record it can be noticed that
suggestions of the accused with
respect to accused brother having filed kidnap case against the
complainant and also further denied the suggestion that ... kidnapped the accused brothers and while kidnapping Manikanta
they had taken other documents in the said documents the cheque
in the present case was also
lodged many cases against her mother.
He too admits that, Smt. Susheela Sharma had lodged many cases
against her daughter/CW.1 for the tortures ... against Narotham Kumar, after obtaining
bail from the Court as, the kidnap case was registered by
Narotham Kumar. But, he pleaded ignorance when
complainant which is
marked as MO 1. Such being the case, the presence of
21
S.C.NO.109/2016
PW 2 in the spot ... itself doubtful.
30. Admittedly, PW 3 - Adinarayana, is an accused in
kidnapping case. He has also stated that when the
complainant was assaulted
obtained signature of another son who was in Tumkur
Jail in Kidnap case. On 24.07.2010 himself, his wife
and children were taken away ... accused No.1 asked him, what happened, he stated
that he was kidnapped to get the execution of MOU
register and lodged complaint before Hebbal
2111/2013
son who was in Tumkur Jail in Kidnap case. On
24.07.2010 himself, his wife and children were taken
away by the accused ... accused No.1 asked him, what happened, he stated
that he was kidnapped to get the execution of MOU
register and lodged complaint before Hebbal
lack of independent witness is not fatal to the case of
prosecution.
25. In the case on hand the evidence of independent eye
witness ... fatal to the case
under the facts and circumstances of this case.
28. In the case at hand the case of abduction and robbery
Cw10 and Cw11 to trace the persons who have been kidnapped
in the present case by name Indra Kumar and Ranjit. They have ... trace the persons who have been kidnapped. On the same
day, the accused No.1 and the kidnapped persons namely Indra
Kumar and Ranjit were
