JIYAUL AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants have been convicted under Sections 363/364 and 34 of the IPC and have been sentenced to undergo Rigorous Imprisonment for seven years and fine of Rs.2000/- for offence under Section 363 and in case of default of payment Simple Imprisonment for one week; for the offence under Section 364 of the IPC, Rigorous Imprisonment for ten years fine of Rs.5000/- and in default of payment of such fine Simple Imprisonment for a period of one month by judgment dated 13th April, 2011 passed by ASJ-II (North-West), Rohini Courts, Delhi in S.C No.1205/2010 arising out of FIR No.375/2009 (P.S.Mukherjee Nagar).

(2.) The appellants have been charged with kidnapping Atul, aged about 11/2 months, out of the lawful guardianship of her mother Smt.Anita (PW-2). The reason for kidnapping and abducting aforesaid Atul was that he may be murdered or may be so disposed of as to be put in danger of being murdered and in furtherance of common intention both the appellants, having custody of the aforesaid child, left the child at a place with the intention of abandoning him and thereby committing an offence under Section 363/34, 364/34 and 317/34 of the IPC.

(3.) Be it noted that no conviction has been recorded under Section 317 of the Indian Penal Code.