PRAVEEN Vs. STATE

JUDGEMENT

(1.) APPELLANTS Praveen, Pooran Singh, Sunil @ Lilly, Samual Massey, Afroz and Siri Ram @ Pappu @ Latpatiya, along with Ijaj, Firoz and Sanjeev Chopra (declared proclaimed offender on November 11, 2003) were accused in FIR No.569/2000 for an offence punishable under Section 364A/34 IPC P.S. Preet Vihar. Sanjeev Chopra being declared a proclaimed offender, Trial was faced by the other eight accused. Vide impugned judgment dated March 16, 2002, Ijaj has been acquitted for the offence since in his testimony the victim, Sachin Aggarwal, did not name Ijaj. In appeal it transpired that Firoz was a juvenile on the date of the offence and thus vide order dated July 22, 2013 passed in Crl.Appeal No.420/2013 he was set free noting that he had already suffered a sentence of more than three years prescribed for a juvenile as per law. Thus, we are left with the above captioned appeals filed by Praveen, Pooran Singh, Sunil, Samual, Afroz and Siri Ram.

(2.) CASE of the prosecution is that pursuant to a common intention to kidnap Sachin Aggarwal PW -2 aged about 16 years and 6 months, the accused kidnapped him on November 11, 2000 in front of his house A -22, Nirman Vihar. Ransom was demanded under threat to cause death or hurt Sachin Aggarwal in order to compel his father to pay ransom. Being convicted for the offence punishable under Section 364A IPC the learned Trial Judge was obliged to impose the minimum sentence of undergoing imprisonment for life on all the appellants. The conviction has been rested on the testimony of the victim Sachin Aggarwal PW -2, his father Sita Ram PW -1 and that of Ct.Neeraj Kumar PW -5, Ct.Dharamvir Tyagi PW -6,Ct.Mahender PW -8, Ct.Dilbagh Singh PW -10, Ct.Ranjeet PW -11, HC Virender Pratap PW -13, SI Pawan Kumar PW -14 and SI Sanjay Neolia PW -22.

(3.) SACHIN Aggarwal aged 16 years and 6 month was residing with his parents at A -22, Nirman Vihar, Delhi -110092 and left his house at around 6.00 P.M. on November 11, 2000 He did not return His parents thought he had gone to watch a movie. A landline telephone No.2463896 was installed in the house. At 12.15 midnight i.e. the intervening night of November 11, 2000 and November 12, 2000 the telephone bell rang in the house which was attended to by Manish Aggarwal PW -3, the brother of Sachin Aggarwal. The caller said that he was a member of the underworld. He said that Sachin was in their custody. He demanded that Sachin Aggarwal 's father should speak to him. Sita Ram Aggarwal PW -1, Sachin 's father came on the line. Ransom was demanded under threat of liquidating the victim. He immediately rang up 100 informing as aforesaid. The information was conveyed to the duty officer of P.S.Preet Vihar HC Dharmpal, PW -7, who recorded DD No.3. Investigation was entrusted to SI Sanjay Neolia PW -22 who, accompanied by Ct.Rambeer PW -4 went to A -2, Nirman Vihar and recorded Sita Ram Aggarwal 's statement Ex.PW -1/A that his son Sachin had left the house at 6.00 P.M. and had not returned and that at mid -night a ransom call was received. Making an endorsement Ex.PW -22/A thereunder he despatched the statement from the house of Sita Ram Aggarwal at 3.15 A.M. FIR No.569/2000, Ex.PW -7/A for an offence punishable under Section 364A IPC was registered at P.S.Preet Vihar and DD No.4 -A, Ex.PW -7/B dated November 12, 2000.