MARGAO
The appeal filed by the two convicts serving life imprisonment in the 2011 Margao child kidnapping case did not find favour with the Supreme Court of India.
The Apex Court has dismissed the appeals filed by the two convicts, Uday Rupesh Falkar and Vital Fernandes. The duo had moved the Supreme Court challenging their conviction for life sentence under Section 364-A of the Indian Penal code, which provide for sentence for life or death.
The duo had contended before the Apex Court that the police had charged them under Section 364-A when it was a case of kidnapping under section 363 of the IPC.
The Supreme Court, however, observed: “on the conspectus of the testimony analyzed, we are really not able to bring the case under Section 363 of IPC though we may have some consideration for the age of the appellants and this being a sole incident. It is not really within the domain of this Court to go contrary to the legislative domain which prescribes the punishment for such an offence”.
While dismissing the appeals, the Court has further observed “we do take note of the fact that the accused being driver, man of trust for the family, used to be so utilized, breached that trust while kidnapping a child of 11 years of age with special needs. We are, thus, constrained to dismiss the appeals despite the best endeavour made by learned counsel for the appellant(s)”.
Sub-divisional Police Officer, Margao DySP Santosh Desai, who had investigated the case when he was heading the Margao Police station as the Police station in-charge, informed that the two convicts had filed the appeal before the Supreme Court since their plea against their conviction and sentence for life imprisonment by the Children’s Court did not find favour with the High Court.
The incident had occurred on September 19, 2011 when the duo kidnapped the minor boy of 11 years and had demanded Rs 20 lakh as ransom for releasing the victim.
After kidnapping the minor boy, the duo headed towards Ponda from where they called on the boy’s parents to make the payment of Rs 20 lakh in return for the release of the boy.
High drama had unfolded along the Highway to Mollem when the Margao police headed by PI Santosh Desai managed to intercept the vehicle carrying the kidnapped boy along the highway to Molem. The police had fired a couple of shots to instill fear amongst the kidnappers that they mean business.
PI Santosh recalled that the police did not take any chances since the Omni van sped away after collecting the ransom from the driver deputed by the victim’s family without releasing the kidnapped boy.
