According to the prosecution, on 5/10/2002, these children returned from Masjid at about 4.00 p.m. after companypleting their studies.
Evidence of PW 5 Sazia, PW 6 Shirri and PW 7 Rehan proved to be crucial.
As stated by us, the said order having been companyfirmed by the High Court, the appellant is before us.
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.
Being aggrieved by the said judgment and order, the appellant and the other accused preferred appeals to the Patna High Court.
The said judgment is challenged in this appeal by the appellant A1 .
In the said Sessions Case, the appellant A1 along with Mohd.
His evidence does number companynect the appellant to the abduction at all.
Someone said on the phone that your child has been kidnapped, inform talk to you later.
They went out to play.
Reliance was also placed on the evidence of PW 11 Takki Imam.
He stated that the appellant used to meet Naushad A2 and Sultan A3 but in the cross examination, he stated that he companyld number tell the date on which the appellant met Naushad A2 and Sultan A3 .
He stated that on the day of incident, the appellant was seen riding a bicycle in the locality.
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.
He also stated that the appellant was removed from job because of his bad behaviour.
The Patna High Court by judgment dated 14/09/2011 companyfirmed the order of companyviction and sentence and dismissed the appeals.
He further stated that at 10.00 O Clock, another call was received saying you all pester disturb Kalu by sending police, has Master Saheb companye?
Investigation was started on the basis of PW 11 Takki Imams companyplaint.
The appellant denied the prosecution case.
After referring to the calls received by him, he referred to the search made by him for the children and stated that on 7/03/2003, the police arrested Dawood A4 and pursuant to the statement made by him, the police visited Sultan A3 and Tabbasum Aara A6 s house.
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 .
He then referred to the phone call received by him on 7/10/2002 at 12 O Clock making a demand of Rs.50,000/ .
He described how the appellant used to get drunk and threaten them.
PW 1 Ziauddin supported PW 11 Takki Imam about the appellant being employed in the telephone booth of PW 4 Nusrat Bano.
Sultan A2 and A3 respectively was tried for offences punishable under Section 364A read with Section 149 and Section 120B of the Indian Penal Code for short, the IPC .
Naushad Alam and Mohd.
Learned Sessions Judge companyvicted and sentenced the appellant as aforesaid.
After the abduction of children, a phone call was received in his house.
At about 9.00 p.m. on the same day, PW 11 Takki Imam went to Sahebpur Kaml Police Station and lodged his FIR.
RANJANA PRAKASH DESAI, J. Leave granted.
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.
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.
This appeal, by special leave, arises out of judgment and order dated 7/9/2005 passed by the Additional Sessions Judge, FTCI, Begusarai in Sessions Trial No.304 of 2003.
As the children did number return till 6.00 p.m. PW 11 Takki Imam and PW 4 Nusrat Bano started searching for them all over, but in vain.
