MADAN GOPAL Vs. STATE

JUDGEMENT

(1.) BY the impugned judgment dated 22nd July, 2010, appellants - Madan Gopal and Bahadur @ Deepak stand convicted under Section 364A as well as Section 120B of the Indian Penal Code, 1860 (IPC, for By order on sentence dated 24th July, 2010, they were short). sentenced to imprisonment for life and fine of Rs.1,000/ - each under Section 364A IPC and in default they are liable to undergo Simple Imprisonment for one month. The two were sentenced to imprisonment for life and fine of Rs.1,000/ - each under Section 120B IPC and in default shall undergo Simple Imprisonment for one month. Benefit of Section 428 Cr.P.C. was directed to be extended.

(2.) BY order dated 17th January, 2014, Bahadur @ Deepak was held to be juvenile on the date of occurrence, i.e., 23rd April, 2007 to 8th May, 2007 and entitled to benefit under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000. Bahadur @ Deepak had then made a statement that he accepts his conviction but the order on sentence should be quashed. The said prayer was accepted. Bahadur @ Deepak was directed to attend counselling session at Prayas Juvenile Aid Centre Society once a week for the next three months after the date of his release. Hence, now in the present appeal, we are only concerned with conviction of appellant -Madan Gopal under Sections 364A and 120B IPC.

(3.) AT this stage, we would like to refer to the testimony of SI Laxman Singh (Retd.), who has deposed as PW -11. On 24th/25th April, 2007 PW -11 was posted as duty officer from 1 A.M. to 9 A.M. at Police Station Sarai Rohilla. At about 2.35 A.M., Virender (PW -2) had come to the said Police Station and stated that his son Ashish Kumar, aged about 5 years, was missing from home since 9.45 P.M. from 24th April, 2007. He recorded DD No. 12A marked Exhibit PW - 2/A. The said DD entry No. 12A (Exhibit PW -2/A) specifically mentions that Virender (PW -2) suspected involvement of the appellant - Madan Gopal and that his brother -in -law Rajender Kumar (PW -4) had informed him that he had even seen Ashish with Madan Gopal at about 10.15 P.M. It mentions that Madan Gopal was missing from his residence.