HAZARI LAL Vs. STATE

JUDGEMENT

(1.) The appellants have been convicted for the offence of having entered into a conspiracy to kidnap for ransom Master Abhishek son of Rakesh and of having given effect to the conspiracy. Co-accused of the appellants who could not be apprehended were separately shown in a list appended to the charge sheet as not having been sent for trial on account of said persons being declared proclaimed offenders.

(2.) The case of the prosecution is that Master Abhishek aged about 31/2 years was found missing from his house on 29.5.2000 and since the young child could not be located his father Rakesh Kumar PW-6 lodged a missing person's complaint at the local police station entered vide DD No. 33 at 10:50 PM. The child could not be traced till 31.5.2000 when FIR No. 256/2000 under Section 363 IPC PS Hazrat Nizammudin was registered. On 31.5.2000 a letter Ex. PW-3/B was found in the shed where Rakesh Kumar used to tie his cattle as per which it was informed to Rakesh Kumar that his child was in the custody of the sender of the letter and if he desired the safety of his child ransom in sum of Rs. 3,00,000/ -should be paid by him. It was intimated to Rakesh that even his life was in danger.

(3.) Letter Ex.PW-3/B was handed over by Rakesh to the police who received the same and got added the offence of kidnapping for ransom i.e. the offence punishable under Section 364A IPC in the FIR which had already been registered.