RAJ KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These three appeals are filed against the judgment dated 3rd July, 2010 passed in Session s case no.112/06 by the learned Addl. Sessions Judge North District, Delhi, arising out of FIR No.83/06 P.S. Ashok Vihar u/s 363-364-A/302 IPC wherein all the three appellants have been convicted u/s 364-A/302/34 IPC. The appeals are also directed against the order of sentence dated 24th July, 2010 wherein all the three appellants have been sentenced to imprisonment for life and to pay a fine of Rs.1000/- each u/s 364-A IPC and in default of payment of fine to undergo SI for one month. They are further sentenced to imprisonment for life and to pay a fine of Rs.1000/- each u/s 302/34 IPC and in default of payment of fine to undergo SI for one month. It is also ordered that both the sentences shall run consecutively.

(2.) The case of the prosecution is that on 05.02.2006 the complainant Avdesh lodged FIR No.83/06 Ex.PW5/A in police station Ashok Vihar about his son Anuj @ Golu, aged about 10 years, having gone missing. It is alleged that on 4th February, 2006, Anuj @ Golu had gone out of the house at about 4 pm. When he did not return, complainant Avdesh (PW- 2) searched for the child with his relatives but could not find him and therefore he had lodged the aforesaid FIR Ex.PW5/A. SI Haroon Ahmed PW15 was assigned the investigation of this case. On 6th February, 2006 at about 10.00-11.00 AM, SI Haroon Ahmed PW15 was present at Wazir Pur Village with complainant Avdesh (PW-2) for investigation of the case. In the meantime, a call was received by complainant Avdesh (PW-2) on his mobile phone demanding a ransom of Rs.2 lakhs for release of his son. On inquiry, it was found that the phone call was made from a PCO in Seema Puri area. SI Haroon Ahmed PW15 along with other police staff reached at the PCO at C-485, Seema Puri from where the said call was made. The said PCO was run by one Mohan Lal. On inquiry, he could not tell the details of the caller.

(3.) On 11th February, 2006, complainant Avdesh (PW-2) informed SI Haroon Ahmad PW15 that his brother Amar Pal PW9 had received two ransom calls on his mobile phone at about 3 and 4.40 pm respectively from mobile phone no.9868584460. The complainant Avdesh (PW-2) further informed the police that he was called at Dadri near Ghaziabad and the caller had informed that the date and time to reach Dadri would be informed later. On inquiry, it was revealed that the aforesaid mobile was registered in the name of Tara Chand resident of A-800, Shastri Nagar, Delhi. SI Haroon Ahmed tried to contact Tara Chand but it was informed that he was working in Parmarth Mission Hospital, Shakti Nagar, Delhi. Tara Chand informed him that he never used the aforesaid mobile number nor the same was got issued by him. The call details of the said mobile phone were collected and SI Haroon Ahmed PW15 contacted the persons who had made calls from their phone on the said mobile phone and it was revealed that the said mobile number was being used by Vaibhav Kumar PW14. SI Haroon Ahmed PW15 contacted Vaibhav Kumar PW14 who informed that his mobile phone was missing since 10 th February, 2006 and he did not make any complaint in this regard.