DEEPAK VERMA Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.976/2005 seeks to challenge the judgment and order dated 25th August, 2005 of the Additional Sessions Judge in sessions Case No.175/2001 whereby the learned Judge has held the appellant guilty under Section 364 and 307 IPC. The appellant further challenges the order on sentence dated 25th August, 2005 whereby the learned Judge sentenced the appellant to undergo life imprisonment each for the offence under Section 364 and 307 IPC as also ordered the appellant to pay a fine of Rs.5,000/- each and in default of fine further rigorous imprisonment for two years each. Both sentences were directed to run concurrently. The facts of the case as have been noticed by the learned Additional Sessions Judge are as under:-

(2.) The prosecution in order to prove the case has examined as many as 13 witnesses. Ankit, the kidnapped child appeared as PW-1 who states that the accused had tried to strangulate him then threw him in the jungle. He states that he was enticed by the accused who offered him an ice cream. He also deposed that the accused took him to 'Bahut Door' and ultimately to Jaipur. 'He states that he was able to reach the mountain by walking through bushes. The witness explains that one bus-wala uncle met him and took him to the police station. In his cross-examination he could not give the date of his abduction.

(3.) PW-2 Brij Mohan, PW-3 Priyanka, PW-4 Meera Devi, PW-5 Rakesh Aggarwal all corroborate each other and support the prosecution's version. Arjun Singh Rathore, truck driver has also supported the prosecution's version. PW-8 Shailender Kaur, Addl. Sessions Judge who was posted as Metropolitan Magistrate on 20.8.2001 recorded the statement of Ankit as Ex.PW-8/A. She has proved the same. The rest of the witnesses are police witnesses who deposed to the procedure. Dr. Amar Kumar, CMO, SDN Hospital examined Ankit on 9.8.2001 and found the following injuries:-