RAKESH KUMAR Vs. THE STATE OF DELHI

JUDGEMENT

(1.) 4 accused, namely, Rakesh@Vinod, Ram Sewak, Kailash and Maya Shanker were charged for the offence of having kidnapped Master Aryan Victor at 11:00 AM on 30.4.2005 from near his house at Railway Colony, Kishanganj. They were further charged with the offence of demanding ransom in sum of Rs. 15 lakhs under threat of causing death or hurt to the child i.e. the offence punishable under Section 364A IPC. Needless to state, all accused were charged of having acted in concert and thus Section 34 IPC was stated to be attracted. At the end of the trial, no incriminating evidence surfaced against accused Ram Sewak and Maya Shanker. Thus, vide impugned judgment dated 1.10.2008 they have been acquitted. Appellants Rakesh and Kailash have been convicted.

(2.) FROM a perusal of the impugned decision, we find that Kailash has been convicted on the testimony of Inspector Santosh Kumar Singh PW -12 as per whom Kailash was arrested when he was having custody of the kidnapped child Master Aryan Victor. Appellant Rakesh has been convicted in view of the testimony of Const. Dilbagh PW -8, Insp. Dayanand PW -9 and SI Sanjay Bhardwaj PW -11.

(3.) CASE of the prosecution is that Master Aryan Victor aged 51/2 years, son of the complainant Bhaskar Victor PW -2, was detected to be missing at 11:00 AM on 30.4.2005 from outside house No. 113/10 Railway Colony, Kishanganj. A missing person's complaint was lodged by Bhaskar Victor in which he suspected none for having kidnapped his son. On 16.5.2004 he informed the police that he had received a ransom call on his mobile No. 9899031080 from a mobile No. 9839030127 and that the caller has demanded ransom in sum of Rs. 15 lakhs. The money had to be paid, as per the demand of the caller, in the town of Bareilly in the State of Uttar Pradesh on 19.5.2005 and thus a raiding party consisting of Insp. Dayanand, SI Sanjay Bhardwaj and Const. Dilbagh was constituted who went along with Bhaskar Victor to handover the ransom amounts; and to cheat upon the extortionist, bundles of fake currency were created some having a currency in denomination of Rs. 1,000/ - and some having a currency in denomination of Rs. 500/ -. The 3 police officers and Bhaskar Victor proceeded to Bareilly Railway Station on 19.5.2005 and laid in wait for somebody to come and receive ransom amount, hoping that when this would happen the said person would be apprehended.