LAWS(DLH)-2015-11-568

MUNNI @ MUNIJA Vs. STATE

Decided On November 18, 2015
Munni @ Munija Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) CRL.M.A.No.5047/2015

(2.) Allegations against the petitioner along with her associate Satish Kumar were that on or before 03.04.2005, they hatched criminal conspiracy whereby Satish Kumar agreed to purchase the kidnapped baby for a sum of Rs. 5,000/- from the petitioner. The petitioner was assigned the job of kidnapping a child aged about one and a half year and was given advance of Rs. 1,000/- for that purpose. Pursuant to that conspiracy the petitioner kidnapped the baby from his parental house at 10.00 a.m. on 03.04.2005 and confined her in Satish Kumar's house at Bhatinda, Punjab. After completion of investigation, a charge-sheet was filed against both of them in the Court. The prosecution examined thirteen witnesses. In 313 Cr.P.C. statements the accused persons claimed innocence and denied their involvement in the crime. They examined DW-1 (Manoj Kumar) and DW-2 (Kala) in defence. The Trial resulted in their conviction. Being aggrieved and dissatisfied, the instant appeal has been preferred. It is unclear if co-convict Satish Kumar has challenged the conviction.

(3.) During the course of arguments, learned counsel for the petitioner, on instructions, stated that the petitioner has opted not to challenge the findings of the Trial Court on conviction. He, however, prayed to take lenient view as the petitioner has already undergone substantial period of substantive sentence awarded to her. To this, learned Addl. Public Prosecutor has no objection.