STATE Vs. RAJPAL @ RAJU & ORS

JUDGEMENT

(1.) The present appeal has been preferred by the petitioner/State challenging the judgment dated 5th April 2010 in sessions case No.11/09 passed by learned Additional Sessions Judge, Dwarka Courts, New Delhi whereby all the accused/respondents were acquitted of the charges under Section 395/363/323/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC).

(2.) To appreciate the contention raised by learned counsel for the petitioner/State, a brief summary of the prosecution case is given below:-

(3.) Sheela gave her statement to the effect that three and a half years back, she purchased plot No.16/A Dharampura, Najafgarh, Delhi from a property dealer named Bijender for a sum of Rs2,33,000(Two Lakhs thirty three thousand only). Two shops, one room, one bathroom and a toilet were built on the plot. About two years ago, a shop adjacent to the house of Mahender was sold to the son of Bhagwan. Thereafter, when they were in need of more money, they borrowed a sum of Rs.1,50,000 (One Lakh fifty thousand only) from Ramesh and as security of the loan amount, papers of house were prepared in the name of Indrawati(one of the accused), wife of Ramesh with the assurance that on the return of the loan amount, they shall hand over the papers back in the name of complainant i.e. Sheela Bhagat. At that time, rent agreement for eleven months was also executed in favour of Ramesh. However, they could not return the money and therefore, Ramesh, his wife Indrawati, Bhagwan and his wife Bharpai used to come to ask for return of the loan amount to which they sought a year s time. On 9.8.2003 at about 2 PM, she was present at home along with her children while her husband had gone to his clinic in Gurgaon. A tempo no. HR 38-DS-743 came in front of her house. In that Tempo, Ramesh, his wife Indrawati(accused No.6), sister in law Naresh(accused no.5), two sons of Bhagwan (accused No.1 &2) came and entered her house. On asking why they had entered the house, accused Indrawati caught hold of the complainant Sheela. Her daughter Priya (PW-2) was caught hold by accused Naresh. Accused Bharpai came and caught hold of her sons Ankit and Chetan(PW-3). Thereafter, accused persons Krishan, Satpal and Rajpal started beating them. In the meantime, Tempo driver Rohtash alonwith 3-4 musclemen entered their house and started loading the household articles in the tempo and extended threats to her and her children to kill them and asked them to quietly sit in the tempo otherwise they will bury them. The complainant and her children were all frightened and accused persons took them and loaded them in the tempo. Three ladies were left in the house. They were kidnapped and reached Khatu Shyam Temple, Shyam Vihar where Complainant started making noise. On hearing the noise, public persons came there and accused persons pushed the complainant and her children from the tempo and left. Her articles like bed, TV, almirah, utensils, clothes, gas were also left there which came under the tempo and accused persons fled away in the tempo. Some articles were however left in the tempo. Somebody informed the police who came to the spot and removed the complainant to RTRM Hospital.