PURAN @ SHANKAR Vs. STATE

JUDGEMENT

(1.) THESE four appeals by Puran @ Shankar, Dharmender @ Dharmu, Rani @ Manju, Satyawan Katheria and Reshma, arise out of a common judgment dated 3rd April, 2012 by which the appellants have been convicted under Sections 343, 364A, 365 of the Indian Penal Code 1860 (IPC, for short). The appellants have also been convicted under Section 120B IPC. By order of sentence dated 11th April, 2012, they have been sentenced as under:

(2.) THE prosecution version which has been accepted by the Trial Court is that Chirag @ Chinky aged about 3 1/2 years was kidnapped/abducted for ransom, from the guardianship of his father Pankaj Jain, pursuant to criminal conspiracy hatched by the appellants. He was confined in village Sikanderpur, Distt. Mainpuri, U.P. before he was rescued by the police. There was a threat to Chirag's life, and Pankaj Jain, Chirag @ Chinky's father, were threatened that if ransom was not paid, Chirag would be physically harmed.

(3.) PANKAJ Jain, father of Chirag has deposed as PW -1. He has averred that on 20th March, 2007 at about 7.30 PM, his son Chirag was weeping, therefore, he sent him with his employee Akash (PW -8) to market. Akash (PW -8) was given Rs.10/ - to get toffees for Chirag. Akash returned within ten minutes and told him that on the way an unknown person came and asked him to purchase pani puri for Rs 10/ -, as this was ordered by PW -1 for a person sitting with him. On this Akash had handed over Chirag to the said person in order to purchase the pani puri and get back. Akash returned and was questioned. Since child had not returned home, PW1 went to market to search for Chirag but he could not be located. Neither was the unknown person who had approached Akash traceable. PW1 called the police control room and the police reached within 10 minutes. Local police also came at the residence of PW1. The same day, at about 9.00 P.M., PW -1 received a telephone call that Chirag had been taken out of Delhi and Rs.70,00,000/ - should be paid as ransom for his release. The said call was received on PW -1's mobile no. 9213285013, when he was at the police station. Police noted down the said number from which the call was received. The caller had stated that he would make another telephone call on the next day. The complaint made by PW1 was marked as Ex. PW1/A. He was informed that the ransom call was made from a number located at Bhopura, Ghaziabad. Another call from the abductor was received on the next day. PW1 was asked to arrange money and the caller informed him that he would again call him on the following day. PW1 has deposed about several calls made by the abductor, the threats and the money demanded for releasing Chirag. PW -1 was asked whether he had arranged for the money upon which PW1 had replied that he was making necessary arrangements. Abductor informed him that he had come to know of the police report lodged by PW1 and as such he had chopped off both thumbs of Chirag. Abductor further stated that his son had been taken to the forests of Madhya Pradesh and the money should be paid by Friday of that week. When PW -1 expressed his inability to pay the amount, he was threatened that if he was unable to arrange the money, he should forget about his son. Thereafter, abductor demanded Rs.15,00,000/ - as ransom in the denomination of Rs.1000/ - each. Abductor gave him an option that if Rs.15,00,000/ - was paid Chirag would be returned in eight hours and if Rs 70,00,000/ - was paid Chirag would be returned immediately. PW -1 was further asked to arrange for a vehicle as he would be required to travel for about 1000 kms. An old lady was supposedly to meet PW -1 on the way, with a Rs 10 note and a specific currency number which was told to PW -1. The ransom money was to be paid to this lady who, the abductors said, was not connected with the case. The abductor called him at bus stand or tonga stand of Kanpur city on the Friday of that week. Entire information was relayed to the police by PW -1. On 24th March, 2007, at about 6.30 AM, Chirag was brought to his house by the police. PW1's brother -in -law Sushil Jain (PW -2) had gone with the police for recovery of his son. PW1 had made a complaint with SHO, P.S. Krishna Nagar requesting that his another number 9212751277 should be put under surveillance. On 21st /22nd March, 2007 PW -1's employee Dharmender and his wife Rani were arrested by the police. PW -1 identified Dharmender and Rani in the court.