VIKAS CHAUDHARY Vs. STATE OF DELHI

JUDGEMENT

(1.) The limited question on which this Court issued notice[1] was to consider the correctness of the sentence imposed on the accused/appellants. The appellants grievance is with the imposition of a fixed term sentence of 30 years, without remission, by the trial court, which was affirmed by the impugned judgment[2] passed by the Delhi High Court.

(2.) The facts of the case briefly are that the deceased (aged 18-20 years), had been kidnapped for ransom on 18/1/2003. On the same day itself, he was killed by strangulation, and the body was burnt, to eliminate evidence. The deceaseds father (complainant) filed a missing person report with the police on 18/1/2003 itself, after which he received six ransom calls (on 19/1/2003, 20/1/2003, 1/2/2003, 2/2/2003, 10/3/2003, 11/3/2003) from different people, seeking money in exchange for information about his sons whereabouts, and his safety. By tracking of call records, a link was established first with A-1, who disclosed involvement of A-2 and A-3. A gold chain belonging to the deceased, and a motorcycle on which the deceased was last seen, were recovered at the behest of A-1; the deceaseds wristwatch, and a black muffler used to strangle him, were recovered from A-2. A-1s disclosure also led to recovery of the car used to abduct, and in which the deceased had been strangulated. Evidence collected against them included voice samples to compare ransom call recordings, and identification by PW-7, PW-2, and others as to the deceased last being seen with them. On 9/5/2003, the three accused persons disclosed where the dead body had been dumped, but the same could not be recovered. Upon investigation, it was found that another police station, in which jurisdiction the nala fell, had recovered a half-burned dead body on 19/1/2003 itself (i.e., one day after abduction). This was identified by the father, to be that of the deceased. 41 prosecution witnesses were examined over the course of 11 years, and 8 defence witnesses.

(3.) The trial court[3] convicted the three accused persons for the commission of offence under Ss. 302, 364A, 201, read with Sec. 120B IPC. A-1 and A-2 (present appellants) were also convicted under Sec. 411, with A-1 additionally being convicted for offences punishable under Ss. 420, 468 and 471 IPC. They were sentenced to life imprisonment for the remainder of their natural life, and an additional condition was imposed on A-1 and A-2 - that they would not be entitled to any parole, remission, or furlough, before completing 30 years of imprisonment. They were also sentenced to each pay Rs.2,10,000.00 as fine, and Rs.4,00,000.00 as compensation to the victims family.