KISHORE KUMAR Vs. STATE GOVT. OF NCT

JUDGEMENT

(1.) ON 23.4.2009, Smt. Sunderwati came to Police Station Sultanpuri and reported that her grand -daughter, aged about 9 years, had gone to play outside her house bearing No.A1/154, Sultanpuri, Delhi, after coming back from the school and had not returned home. She suspected that some unknown persons had kidnapped her grand -daughter. An FIR under Section 363 of IPC was registered on the basis of the aforesaid report and efforts were made to trace the child. The Investigating Officer came to know that the child was last seen with the appellant Bimla who was found missing from her house. On 17.7.2009, some residents of A -Block of Sultanpuri complained that Bimla and Mukesh had a hand in kidnapping of girls from the aforesaid locality. Section 365 of IPC was thereafter added in the FIR. On 28.7.2009, Bimla surrendered in the court.

(2.) ON 9.5.2010, an information was received that ATS (West) had arrested Ashok @ Pappu, Shyamlal, Veena and Mangal who had confessed with respect to their involvement in the kidnapping and the kidnapped girl had been recovered from them. The statement of the missing girl was recorded before a Metropolitan Magistrate wherein she alleged that Bimla had taken her to Mukesh and Kartar and thereafter she was taken to Manesar and handed over to Kishore and Anita who had left her in Girwas. The case of the prosecution is that the girl child was handed over to Mangal for Rs.20,000/ - by one Shyamlal who had paid Rs.15,000/ - to Mukesh and Kartar.

(3.) THE kidnapped child aged about 9 years was examined as PW8 and she inter alia stated that on 23.4.2009 at about 1:00 p.m. while she was playing outside her house, Bimla came near her and asked her to accompany her to a doctor 's shop. She thereupon accompanied her. Bimla took her to the house of Mukesh and Kartar. From there, Mukesh and Kartar went away in a car whereas she was taken in an autorickshaw after Bimla had wrapped her in a saree. Bimla then made her sit in the car of Mukesh and Kartar and sat along with her. After covering some distance, Bimla, who was carrying a big bag in her hand, left saying that she was going to fetch her clothes. Mukesh and Kartar took her to Manesar where they left her with Anita and Kishore, who took her to Village Girwas. In the said village Anita and Kishore used to beat her up and thereafter they left her at the house of Shyamlal, who, in turn, left her at the house of Mangal. She further stated that the aforesaid persons used to beat her and that the police raided the aforesaid place and rescued three (3) girls including her. She identified the accused persons who were present in the Court at the time she was examined.