Additional Sessions Judge Rakesh Tewari acquitted Nand Kishore, Radhesh, Pradeep Mehto and Dhananjay, all natives of Bihar, observing that the victim's parents failed to identify any of the four accused, against whom they had lodged the complaint of kidnapping.
"From the hostility of the parents (father and mother) of the alleged kidnapped child, the whole case of the prosecution is washed away right from factum of kidnapping up to the recovery or any demand of ransom including the identity of the accused and there is no iota of evidence linking the accused with the alleged offence," the court said.
The four were arrested on the complaint lodged in April 2005 by the victim's parents alleging that Dhananjay, in their absence, had kidnapped their minor son from right outside their home, where he was playing with his younger sisters.
The prosecution had said that the alleged kidnappers had called the minor's father saying the boy was with them and had demanded Rs 1.5 lakh to set the child free.
The child was recovered from the two accused Nand Kishore and Radhesh when they were arrested by the police, the prosecution further said.
On the disclosure statements made by the two accused who were arrested by the police, Dhananjay and Pradeep were also arrested and all four were charged with conspiring with each other to kidnap a minor boy for ransom, it said.
However, the four were discharged of criminal conspiracy and kidnapping for ransom by the court, which said the prosecution had miserably failed to "bring home the guilt of accused beyond reasonable doubt".
