HAMID Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellants Hamid, his brother Rashid and nephew Sabir by the impugned judgment dated 3 rd September, 2011 have been convicted under Sections 302/363/201/34 of the Indian Penal Code, 1860 (IPC, for short) and the appellants Firdos, mother of Hamid and Rashid and Vakila, wife of Rashid have been convicted under Sections 201/34 IPC. The said judgment acquits the five appellants from the charge under Section 364A IPC.

(2.) By the order of sentence dated 6 th September, 2011 Hamid, Rashid and Sabir have all been sentenced to imprisonment for life and fine of Rs.5,000/- each and in default of payment of fine, they have to undergo Simple Imprisonment for six months under Section 302/34 IPC. These three appellants have been sentenced to Rigorous Imprisonment for three years and fine of Rs.3,000/-each and in default of payment of fine, Simple Imprisonment of three months under Sections 363/34 IPC. The five appellants have been sentenced to Rigorous Imprisonment for three years and fine of Rs.3,000/- each for offence under Section 201/34 IPC, in default of payment of fine, they have to undergo Simple Imprisonment of three months.

(3.) The prosecution case in brief is that on 2 nd March, 2007 at about 3.30 P.M. Kasim Alam @ Rahil, son of Kadir Alam, aged about ten years went missing. At that time, he was wearing jeans pant, a blue coloured T-shirt, red colour jacket and black leather shoes. Missing report in form of DD No. 21A (Ex. PW-9/B) was recorded which does not name any suspect. After investigation, on 9 th March, 2007, Hamid was apprehended and on interrogation he made a disclosure statement. Thereafter, on 10 th March, 2007 appellants-Rashid and Firdos were arrested from Pooja Colony, Loni, Uttar Pradesh and at their instance dead body of Kasim Alam @ Rahil was recovered, from the nala between Bhagirathi Vihar and Ganga Vihar, where it was stuffed in a gunny bag with bhussa and other waste papers and thrown off in the nala. On 26 th March, 2007 Sabir was arrested near Kabutar Market, Welcome Colony, Delhi and on 26 th April, 2007 Vakila was arrested from Chand Bagh Pulkia near Gokul Puri, Delhi.