KAPIL @ VIJAY Vs. STATE

JUDGEMENT

(1.) Kapil @ Vijay (the appellant) challenges the correctness and legality of conviction under Section 364/307 IPC in Sessions Case No. 139/98 arising out of FIR No. 349/98 PS Timar Pur by a judgment dated 24.03.2000. By an order dated 28.03.2000, he was awarded RI for three years with fine Rs. 500/- under Section 364 IPC and RI for three years with fine Rs. 500/- under Section 307 IPC. Both the sentences were to operate concurrently.

(2.) Allegations against the appellant were that on 10.08.1997, he kidnapped Rajinder Singh @ Happy aged about 14 years and inflicted injuries to him. On 10.08.1997, the victim went missing and his mother Surinder Kaur lodged missing person report vide Daily Diary (DD) No. 10 (Ex.PW-3/A). Efforts in vain were made to find out the whereabouts of the child. On 13.08.1997, the child returned on his own on a rickshaw and was taken to the police station by her parents. He was admitted in Hindu Rao Hospital and was medically examined. The Investigating Officer, after recording his statement (Ex.PW-1/A) lodged First Information Report. During the course of investigation, statements of the witnesses conversant with the facts were recorded and the appellant was arrested. After completion of investigation, a charge-sheet was filed in the Court and the appellant was duly charged and brought to trial. The prosecution examined ten witnesses to bring home the charge. In his 313 statement, the appellant denied his complicity in the crime and examined DW-1 (Krishan Gopal) in defence. The trial resulted in conviction for the offence mentioned previously giving rise to the filing of the present appeal.

(3.) I have heard the learned counsel for the parties and have examined the record. At the outset, it may be mentioned that the appellant was aged about 17 years on the day of incident. Though, he did not take specific plea of juvenility on the day of incident during trial, the sentence order dated 28.03.2000 records his age as 17 years on the day of occurrence. The appellant had also filed an affidavit dated 28.03.2000 in the Trial Court and had claimed that he was minor at the time of alleged offence. However, no investigation / inquiry was conducted to ascertain his exact date of birth.