MOHD. WASIM Vs. STATE

JUDGEMENT

(1.) MOHD . Shahanwaz @ Tarik, Mohd. Wasim and Mohd Tanveer have preferred these three appeals against the common judgment dated 21st July 2011, passed by the Sessions Court in Case No. 125/2006. The three appellants have been sentenced to Rigorous Imprisonment for life for the offence under Section 364A/34 IPC (Indian Penal Code, 1860) for kidnapping of Master Himanshu, aged 11 years, from West Patel Nagar, Delhi. Under Section 357 Cr.P.C. the victim has been awarded compensation of Rs 2 lac. In the same judgment, Mohd. Taqi, Rehana and Kamaal Ahmed have been acquitted. The State has not filed any appeal against the said acquittal.

(2.) THE prosecution case is that Himanshu (PW-2) had come from Ludhiana to visit his maternal grandfather Khairati Lal (PW-3) in West Patel Nagar, New Delhi for his vacations. On 28th March 2006, at about 4.30 P.M. when he had gone to play at the rock garden, he was allegedly kidnapped for ransom by the three accused- Mohd. Wasim, Mohd. Shahanwaz @ Tarik and Mohd. Tanveer. Subsequently, ransom call was made to Mr. Vipin Ahuja (PW-1), victims father, and Rs 25 lacs were demanded for his release. The victim was allegedly kept in various places till he was finally rescued in the intervening night of 28th/29th March, 2006.

(3.) THERE is ample, incontrovertible evidence that Himanshu (PW- 2), then aged about 11 years, was staying with his maternal grandfather Khairati Lal (PW-3) in West Patel Nagar, Delhi on the date of occurrence i.e., 28th March, 2006. According to PW-3, on the said date, Himanshu had gone outside the house to play with Jai, another small boy living in the neighbourhood. Jai returned at 5.45 P.M. but without Himanshu. Khairati Lal (PW-3) made enquiry from Jai about Himanshu. Jai revealed that initially Himanshu was with him, at the rock garden, but had left after some time. Since Himanshu did not return home, till around 8.15/8.30 P.M., PW-3, the maternal grandfather, called the police on No. 100. The PCR van left the house assuring that the local police would be informed and requested the family to communicate with the police in case Himanshu returns. In the cross-examination PW-3 has stated that Himanshu had left with Jai to play at about 4.30 P.M. Himanshu (PW-2) in his statement has affirmed the said facts i.e. that he had gone to play in the garden with Jai, at around 4.30 P.M. on 28th March, 2006. Jai, who appeared as PW-7, has stated that Himanshu was almost of his age and he knew CRL.A. Nos. 1008/2011, 1180/2011 & 1245/2011 Page 3 of 32 Himanshu since his relatives were living on the ground floor of the same house, where he was residing on the second floor. He had gone to the rock garden, to play with Himanshu, at about 4.30 P.M. on 28th March, 2006. Himanshu remained with him for some time but thereafter disappeared. He thought that Himanshu had probably gone back to his house. However, at about 5.45 P.M., when Jai returned to his house, he came to know that Himanshu had not returned.