VIRENDER Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against a judgment and order of the learned Additional Sessions Judge, dated 31-10-2011 in SC No. 44/2009 whereby the appellant (variously referred to as "the appellant" and by his name, Virender) was convicted for the offence punishable under Section 364-A IPC, and sentenced to undergo life imprisonment with fine. This case was heard expeditiously, since the appellant had already spent more than seven years in jail. The two Criminal Leave Petitions are by the State, which claims to be aggrieved by the acquittal of two co-accused, Deen Dayal and Subhash.

(2.) THE brief facts are that Rajesh Singh and Babita were residing at House No. P7/105, Mangolpuri in 2004; they had two sons, Akash and Aman. Rajesh Singh was working in the Jharkhand Police. Sanjeev @ Kalu (hereafter "Kalu") was Rajesh's younger brother, and the paternal uncle (Chacha) of Akash. On 2.10.2004, at about 11 AM, Akash went to a park near his house to play. Kalu was also in the park. Kalu asked Akash to take Monu (called "Prakash" at that time) to Ajay's house. Monu made Akash to sit in a TSR driven by Subhash. Thereafter Virender (called "Deepak" then) and Monu took Akash to a room and confined him there. At 3 PM, when Akash had still not returned home, Babita, made inquiries, but he could not be traced. She went to the police station at 7.45 PM. SI Ram Singh recorded her statement. The rukka was prepared and an FIR bearing no.604/04 under Section 363 IPC was registered. SI Ram Singh was assigned with the investigation; he visited the spot. Late that night, at about 8.15 PM a telephonic call was received on one Parshuram's telephone bearing number 27910741 installed at his house, No.P7/104, Mangolpuri. The call was attended by Dalip Kumar, a relative of Rajesh Singh, Akash's father. The caller made a ransom demand of Rs.6 lakhs for Akash's release. SI Ram Singh was informed. The telephone (No.27910741) was put under surveillance. Dalip Singh and Constable Pawan Kumar were deputed to attend the calls. On 3.10.2004 and 4.10.2004 various calls were made by the caller from different telephones which were attended by Dalip Singh and Ct. Pawan Kumar. Rs.6,00,000/- was demanded as ransom. Another demand was made by a telephonic call on 5.10.2004 from telephone No. 25482522 and it was conveyed that the ransom amount should be sent to Kali Mata Mandir through Kalu. SI Ram Singh and other policemen also reached that place but the caller did not go there. Again, on 6-10-2004, various calls were made through mobile No.9811491708 to telephone No.33239487 (of Kalu) demanding that the ransom should be sent through him (Kalu) at the given place but the caller did not turn up at the said place.

(3.) DURING proceedings, Kalu and Monu filed applications for sending them to Juvenile Justice Board for trial as they claimed to be the juveniles at the time of commission of offence. The applications were allowed by order dated 26.5.2005. They were ordered to be sent to Juvenile Justice Board for making inquiry on their plea of juvenility. The Principal Magistrate, Juvenile Justice Board by order dated 5.9.2005 held that the said accused (Kalu and Monu) were juveniles on the date of crime and by order dated 13.9.2005 were sent to the Board to face trial.