RAJENDRA KUMAR ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) RAJENDER Kumar @ Raju (A-1), Riazuddin @ Riyaz (A-2) and Sanjeev @ Bahua (A-3) impugn the judgement dated 29.01.2011 and order on sentence dated 31.01.2011 of learned Additional Sessions Judge in Sessions Case No.67/2008 by which they were convicted for committing offences punishable under Section 364A/307/34 IPC and sentenced to undergo imprisonment for life with fine of Rs.25,000/- each under Section 364A/34 IPC. They were further sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs.5,000/- each under Section 307/34 IPC. Both these sentences were to operate concurrently. The factual matrix of the case is as under:-

(2.) DAILY Dairy (DD) No.67B (Ex.PW-7/A) was recorded on 04.03.2003 at 10:20 P.M. at police station Sultan Puri to the effect that Mohit R/o D-2/103, Sector-20, Rohini, Delhi was missing since 5:00 P.M. This DD was marked to ASI Rajender Singh who with Constable T.S.Tiwari reached the spot and recorded the statement of Ram Chander- father of the victim. He (PW-5- Ram Chander) disclosed that at about 5:00 P.M. his son Mohit had gone out to play and did not return. He remain untraced despite search. He suspected kidnapping. ASI Rajender Singh made an endorsement and sent the rukka for lodging First Information Report under Section 363 IPC. Efforts were made to find out the missing child but in vain.

(3.) ON 05.03.2003 DD No.45/B (Ex.PW-1/A) was recorded at 11:05 P.M. at police station Keshav Puram to the effect that a male child aged 7-8 years was lying abandoned near Shiv Mandir, Lawrence Road, Keshav Puram. ASI Sugan Lal with Constable Balbir reached there and met Anjil and Sakal Dev Yadav who had informed PCR at number 100 about the child after hearing his cries from the drain near the temple. They also told them that PCR van had taken the child to police station Keshav Puram. ASI Sugan Lal Gora and Constable Balbir found PCR van standing near Britania Red Light Chowk. They took the child in the PCR van to Babu Jag Jivan Ram Memorial hospital, Jahangir Puri, Delhi and got him medically examined. The child disclosed his name as Mohit @ Abhishek s/o Ram Chander R/o D-2/103, Sector-20, Rohini, Delhi. ASI Sugan Lal Gora contacted Ram Chander-father of the victim on phone No.25968066 given by the child. The Complainant with Head Constable Rajender Singh reached police station Keshav Puram and custody of the child Mohit was handed over to Head Constable Rajinder Singh. DD No.45-B was recorded at police station Keshav Puram. Section 308 was added in the FIR. Statements of witnesses were recorded. Further investigation was assigned to SI Kailash Chander.