RAKESH Vs. STATE

JUDGEMENT

(1.) ON 29th October, 2003, on receipt of DD No.27A, SI K.L.Meena of Police Station Malviya Nagar, reached House No.96, Hauz Rani, Malviya Nagar, where the complainant Shamim Ali Khan was present. The statement of the complainant was recorded by the Police Officer. The complainant told him that he had been residing as a tenant in House No.96, Hauz Rani Malviya Nagar for about 17 years. He further stated that in the night of 29th October, 20003, at about 12.30 AM, when he was sleeping in the room along with his wife Robina Khan and his son Suleman Khan, two boys who had muffled their face, entered his room and requested him to open the door. The person who called him gave his name as Saleem. On the complainant opening the door, 8 -10 person entered the room. Out of them, Udai Pal and his son had iron rod in their hands. Surjeet, Naresh and Mohan also had iron rod/saria in their hands. The wife of Udai Pal also entered the room along with those persons. His articles were thrown out from the room. He also alleged that one of the boys, who was in his room, was armed with a sword and many of them were armed with country made revolvers and knives. Accused Vinod put the sword on the neck of his son and threatened to kill him in case the complainant try to raise alarm. The complainant further alleged that they were shut in a room downstairs, his articles were kept in a tempo and they were also made to sit in the said tempo. On the way to Gurgaon, he was pushed out of the tempo in darkness. On the aforesaid complaint FIR under Sections 365/448/452/506/380/342 of IPC read with Section 34 thereof was registered.

(2.) DURING the course of investigation, the complainant identified as many as ten persons. Chargesheet against eight of them was filed, namely, Udai Pal, Surjeet, Mohan Singh, Naresh, Vinod Kumar, Kalyani, Ravi and Rakesh initially. Seven out of them were convicted vide judgment dated 16th July, 2010. Thereafter, Sunil @ Sonu @ Sunny was arrested on 16 th May, 2011. Later, it came to be known that Anju @ Manju who had been declared P.O. in the above -referred case had been convicted in the case FIR registered under Section 773/2007 of Police Station Mehrauli under Section 506 of IPC. After obtaining her production warrant, she was interrogated. A supplementary chargesheet against Sunil Dutt @ Sonu, and Anju @ Manju @ Rajesh, son of Tek Chand @ Tek Ram was thereafter filed. Both of them, however, were discharged vide order dated 17th January, 2012.

(3.) VIDE impugned judgment dated 07th July, 2010, seven persons were convicted under Section 452/342/34 of IPC. Vide impugned order on sentence dated 16th July, 2010, the appellant Kalyani was granted benefit of probation whereas the convicts Udai Pal, Mohan Singh, Naresh, Vinod, Ravi and Rakesh were sentenced to undergo RI for two years each and to pay fine of Rs.5,000/ - each gone to undergo SI for five months each in default under Section 452/34 of IPC. The Court while awarding sentence under Section 452/34 of IPC also noted that the complainant had compounded the offence under Section 342 & 506 of IPC.