SULTAN Vs. STATE

JUDGEMENT

(1.) THE Appellants impugn a judgment dated 18.02.1998 and the order of sentence dated 19.02.1998 in Sessions Case No.2/1997 whereby the Appellants were convicted for the offence punishable under Section 364A read with Section 120B Indian Penal Code (IPC). Each of the Appellants was sentenced to undergo life imprisonment and to pay a fine of ` 4,000/-. In default of payment of fine each of the Appellant was to further undergo rigorous imprisonment (RI) for 12 months.

(2.) BRIEFLY stated the prosecution case is that Appellant Saleem whose name was later on revealed as Azaz rented a room in PW-1 Gulabos house on 20.06.1996. On 04.07.1996 at about 10:30 a.m. Azaz took away Nahid, a child aged about 2 years from Gulabos house on the pretext of getting him Chana (gram) and did not return (with the child) for quite some time. PW-1 being mother of the small child became anxious and suspected foul play. She asked her daughter Ms. Sajjan to inform the police. A DD No.15 dated 04.07.1996 was recorded in PP Ashok Nagar, Police Station Nand Nagri. On receipt of (information through the wireless Operator B-53 information had been given by Ms. Sajjan resident of House No.C-448, Gali No.6, Ashok Nagar, Delhi) that her brother had been kidnapped by their tenant. The DD entry was assigned to Head Constable Kamta Prasad.

(3.) AN FIR No.383/1996 for the offence punishable under Section 363 IPC was registered against Saleem and the investigation was assigned to SI Yogesh Malhotra (PW-14). It is alleged that on 08.07.1996 Sarvar Khan (PW-2) received a telephone call from the Appellant Azaz. According to PW-2, Azaz informed him (PW-2) that he had left a ransom note underneath the table fan in the tenanted room. Sarvar Khan produced the ransom note Ex. PW-2/A to SI Yogesh Malhotra wherein Appellant Azaz had demanded a ransom of ` 5,00,000/- for release of the child Nahid. It was mentioned in the ransom letter that Sarvar Khan should not go to the police; if he (Sarvar Khan) did so, Nahids hands and legs would be cut and parceled to him (PW-2). PW-2 handed over the ransom note to the IO.