RAJESH RISHI DEV Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) THESE appeals are directed against the impugned judgment dated 2nd January 2014 passed by the learned Additional Sessions Judge ('ASJ') convicting the Appellants for the offence under Section 363 read with Section 365 read with Section 34 IPC and additionally convicting Appellant Raj Rishi Dev (Accused No. 1) [A -1] for the offence under Section 368, as well as the order on sentence dated 15th January 2014 whereby the Appellants have been sentenced to undergo rigorous imprisonment (R1) for a period of seven years along with a fine of Rs. 10,000 and in default to undergo simple imprisonment (SI) for a period of one month. The case of the prosecution is that the two Appellants, Rajesh Rishi Dev (A -1) and Pankaj Bhagat (A -2) along with Ram Kumar, (a juvenile who was tried separately), hatched a criminal conspiracy to kidnap Krishan @ Golu son of Ghanshyam Bhagat (PW -7) aged about three years. On 13th October 2012 the trio kidnapped Krishan @ Golu from the lawful guardianship of his parents and thereafter threatened to cause death or hurt to the child Krishan and demanded Rs. 1 crore for his release. The further case of the prosecution is that on 22nd October 2012 the Appellants along with Ram Kumar wrongly confined the child at Village Budhma, Police Station (PS) Madhepura, District Madhepura, Bihar.

(2.) ON 31st October 2012 DD No. 31 PP was received by the police. Pursuant thereto, Head Constable (HC) Ram Lakhan (PW -14) and Constable Arvind (PW -3) reached the spot, i.e., House No. 88, Village Bharola, Delhi where PW -7 met them. PW -14 recorded the statement of PW -7 wherein he stated that his son Krishan had gone missing since 6.30 pm. When PW -7 was searching for his son, one Rajender Bhagat (PW -11) informed him that he had seen A -2 with Krishan while crossing the GTK Road. PW -7 tried to contact A -2 on his mobile phone but his phone was switched off. Since PW -7 had become suspicious of A -2 who was residing in his neighborhood, he decided to report the matter to the police.

(3.) MEANWHILE PW -16 received a secret information that A -2 had come to the house of A -1. The police party then reached there and arrested A -2 from there under arrest Memo (Ex. PW 12/D). The disclosure statement of A -2 was recorded (Ex. PW -15/B) and one mobile phone with double sim was recovered from his possession. Co -accused Ram Kumar was also arrested under arrest Memo (Ex. PW 15/C) and his version was recorded under Ex. PW15/D. The three arrested persons were produced before the CJM, Madhepura on 23rd October 2012 and a transit remand was obtained. Thereafter the police party returned to Delhi with the kidnapped child.