PARKASH CHAND Vs. STATE

JUDGEMENT

(1.) AFTER having been convicted for the offence punishable under Section 364A of the Indian Penal Code, 1860 (IPC) in Sessions Case No. 59/96 arising out of FIR No. 222/95 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/ -, the appellant has approached this Court by way of the instant appeal.

(2.) THE appellant and one Virender Singh (since deceased) faced trial for the earlier said offence for having kidnapped a child Nitin, aged 3 1/2 years and demanded a ransom of Rs. 5 lakh from PW4 (father of the kidnapped child) for release of the child. The complainant (PW4) and his brother Satpal (PW1) were also threatened on telephone that if any information regarding kidnapping of the child was given to the police, the child would be killed.

(3.) ON 02.06.1995, another call was received by PW1 while PW4 was also present in the house. They were informed to reach the Khekra Railway Station with Rs. 5 lakh and to get the child. They were again threatened that if the police is informed, the child would be killed. The complainant passed on this information to S.I. Kuldeep Singh of Special Staff, East District (PW7). A raiding party was organised by SI R.C. Sharma (PW8). PW8 alongwith the complainant, PW7 and other police officials reached Railway Station Khekra. PW4 noticed Virender Singh (co -convict and since deceased) who was working as a compounder with appellant Parkash Chand present there. He (PW4) informed PW8 that Virender Singh (since deceased) was working as a compounder with his brother -in -law Parkash Chand and he might be aware of the whereabouts of the child. Said Virender Singh (since deceased) was intercepted and on interrogation, he informed the police about the kidnapping of the child. A ransom note Ex. PW1/ E was also recovered from the pocket of his shirt. A disclosure statement Ex. PW1/ B was made by him. In pursuance of the disclosure statement, the police party along with the complainant reached the tenanted room of Virender Singh (since deceased) and the kidnapped child was recovered from the appellant 's custody. A recovery memo Ex. PW1/A in respect of the child was prepared. Version of kidnapping as detailed by child Nitin was recorded on an audio cassette at Baghpat in question -answer form.