MERCK SERONO S. A. Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant challenges his conviction under Sections 302/201 IPC vide the impugned judgment dated August 28, 2012 and order on sentence dated August 30, 2012 whereby he has been sentenced to undergo imprisonment for life and a fine of Rs. 20,000/- and in default of payment of fine to undergo 1 year simple imprisonment for offence punishable under Section 302 IPC and rigorous imprisonment for 5 years and a fine of Rs. 10,000/- and in default of payment of fine to undergo 6 months simple imprisonment for offence punishable under Section 201 IPC.

(2.) Learned counsel for the appellant assails the judgment on the ground that there is no opinion as to the cause of death as the body was recovered after 14 days. No DNA report has been produced to show that the dead body was of Sunny. No blood sample of the deceased was taken by the post-mortem doctor to conduct the DNA nor any evidence led as to how the DNA of the father of the deceased was taken. The link evidence showing the custody of DNA samples is not proved. The two disclosure statements of appellant were allegedly recorded on November 09, 2010, however no attempt was made to recover the dead body on November 9th or 10th, 2010.

(3.) Process of law was set into motion on October 04, 2010 when Shri Kartar Singh PW-7 lodged the missing report of his grandson namely Sunny at PS Govindpuri. The information was recorded vide DD No.9A and entrusted to ASI Hari Singh for investigation. On October 11, 2010 Suresh Kumar PW-2 the father of Sunny got recorded his statement to the Police that his son Sunny aged about 18 years, height 5 feet, wearing black pant as well as black and red colour sandals who was residing with his grand-father i.e. Shri Kartar Singh has left the latter's house on September 30, 2010 at 7.30 PM without informing anybody and he suspected that someone had kidnapped his son. Thus, on this information FIR 325/2010 was registered for kidnapping and matter proceeded further and the investigation was transferred to SI Bhanu Prakash.