BISMILLAH Vs. STATE

JUDGEMENT

(1.) Convicted for the offence punishable under Section 364-A IPC vide judgment dated November 05, 2001, Bismillah has been directed to undergo imprisonment for life and a fine of Rs.1000/- and in default whereof to undergo R.I. for one month vide order on sentence of the even date. The role assigned to Bismillah is of keeping the kidnapped boy Wasim PW-4 in her custody and providing food and shelter, besides negotiating the ransom amount. The three co-accused persons, who allegedly kidnapped Wasim could not be arrested and thus they were declared proclaimed offenders and Bismillah faced the trial alone.

(2.) On October 28, 1999 Rahis Malik father of Wasim lodged FIR No.639/1999 under Section 363 IPC at PS Nand Nagri informing that Mohd.Yunus, Qadir and Anwar came to his house on October 26, 1999 and left in the morning of October 27, 1999. Again at around 12.00 O'clock on October 27, 1999 the three of them came and enticing his son Mohd.Wasim, took him away. He searched his son aged around 5 years, however he could not trace him. He suspected Mohd.Yunus, Qadir and Anwar to have kidnapped his son. During the course of investigation, further ransom call was received and it is the case of prosecution that the child was recovered after payment of Rs.35,000/-. When Wasim was recovered, he was in the custody of Bismillah, the appellant herein.

(3.) Rahis Malik deposed in sync with the rukka and reiterated that he returned from Aligarh at about 1.00 AM on the intervening night of October 27-28, 1999 after came to know that his son had been kidnapped by Yunus, Qadir and Anwar as told to him by his brother who called him up at 5.00 PM on that date. As per his brother the callers demanded Rs.2 lakhs. On October 28, 1999 he again received a phone call for arranging Rs.2 lakhs to which he replied in the negative. Yunus again cautioned Rahis Malik that he should send the money in the garden outside village Palwada failing which they will cut the body of his son into pieces. Abdul Sattar, a friend of Islam who is the relative of accused told Rahis Malik that they had relations in that village Palwada and they would bring back the child safely. On October 28, 1999 at 4.00 PM he sent both of them i.e. Abdul Sattar and Islam to village Palwada to negotiate with the mother of Yunus (Bismillah) at the house of Yunus. After returning on November 30, 1999 they informed that they had negotiated with Anwar and his mother Bismillah and it has been settled that the child will be released after paying Rs.50,000/-. On October 31, 1999 Rahis Malik handed-over Rs.50,000/- to Abdul Sattar, Islam and Vakil and on November 01, 1999 at about 11.30 AM the three of them returned at his residence along with his child in a maruti van. They told Rahis Malik that they had paid Rs.35,000/- to Bismillah in the presence of Anwar. No doubt the portion of Rahis Malik's statement which relates to negotiations with Anwar and Bismillah and the payment pursuant thereto is all hearsay, however we note that the prosecution has produced all the three witnesses Abdul Sattar, Islam and Vakil to prove the case.