STATE Vs. SUNIL @ PAHALWAN

JUDGEMENT

(1.) This appeal under Sec. 377 of the Code of Criminal Procedure, 1973 (the Cr.PC.), has been filed by the respondent/State in SC No. 755/2017 on the file of the Additional Sessions Judge/Special Judge (NDPS), North, Rohini Courts, New Delhi, assailing the order on sentence dtd. 16/5/2019, as per which the accused persons have been released on probation for good conduct with an undertaking to maintain peace and good behaviour for a period of one year and fine of Rs.5,000.00.By the impugned judgment dtd. 3/5/2019, accused no. 3 and 5(A3 and A5), respondent nos. 1 and 2 herein, have been found guilty of the offences punishable under Ss. 365 and 395 of the Indian Penal Code, 1908 (the IPC) and accused no. 5 has also been found guilty of the offence punishable under Sec. 174A IPC. Vide the order on sentence dtd. 16/5/2019, accused nos. 3 and 5 have been directed to be released on probation of good conduct on furnishing a bond for a sum of Rs.10,000.00 with an undertaking to keep peace and be of good behaviour for a period of one year. The prayer in this appeal is limited to the extent of seeking enhancement of the punishment imposed vide order on sentence dtd. 16/5/2019.

(2.) The prosecution case is that in the intervening night of 29/08/2017 and 30/08/2017 at about 11:45 pm, the accused persons, five in number, abducted CW17 Yashish Arora at gunpoint for ransom. Hence, the accused persons, as per the final report/charge sheet are alleged to have committed the offences punishable under Ss. 364A, 394, 395, 397, 186, 353, 307, 332/34 IPC and Ss. 25, 27 of the Arms Act, 1959 (the Arms Act).

(3.) On the basis of Ext. PW2/1 FIS of PW2, given on 30/8/2017, Crime no. 368/17, Alipur Police Station, was registered. CW32, Inspector, conducted the investigation and on completion of the same submitted the final report dated 13.11.20217 alleging the commission of offences punishable under the above mentioned Ss. against A1, 2 and 3. Thereafter, supplementary charge sheet dtd. 30/3/2018 was submitted against A4 and 5, alleging commission of offences punishable under Ss. 364A, 394, 395, 397, 186, 353, 307,174A, 332 read with Sec. 34 IPC and Ss. 25 and 27 of the Arms Act.