DEVESH KUMAR Vs. STATE

JUDGEMENT

(1.) Four persons, Firoz Khan, Jaiveer, Devesh Kumar (the appellants) and Netrapal were charged for the offence punishable under Section 364-A/34 IPC. Case of the prosecution was that one Raju a juvenile (referred to before the Juvenile Justice Board) enticed Master Rahul aged about 7 years when Rahul was playing on the street outside his house and gave him a biscuit laced with a stupefying drug. Firoz Khan, Jaiveer and Devesh Kumar as also Netrapal were the architects. The child was taken to Agra and kept confined in the house of Udaiveer PW-2 and upon the arrest of Devesh, Firoz Khan and Jaiveer who came together to receive the ransom; pursuant to they making the disclosure statements Ex. PW-1/C, Ex. PW-1/D and Ex. PW-1/E led the raiding party consisting of Insp. Neeraj Kumar PW-12 and Ct. Jagdish Raj PW-7 as also Ct. Vijay PW-8 to the house of Udaiveer, from which house Master Rahul was recovered on 3.3.2002.

(2.) Vide impugned judgment and order dated 9.9.2004, the learned Trial Judge has held that the prosecution has successfully established the case against Firoz Khan, Jaiveer and Devesh Kumar. Holding that there was no evidence incriminating against Netrapal, he was acquitted.

(3.) The learned Trial Judge has returned a finding of guilt against the appellants with reference to the testimony of Indrasen PW-1, the father of Rahul as also the testimony of Ct. Jagdish Raj PW-7 and Ct. Vijay PW-8 and lastly the testimony of Insp. Neeraj Kumar PW-12 (the IO of the case), all of whom deposed that on 3.3.2002 when the appellants came to receive the ransom amount at the pre-designated place they were apprehended and made disclosure statements informing that Master Rahul was in the house of Udaiveer PW-2 from whose house the child was recovered.