ANIL Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos. 175, 242, 305/2003 and 400/2004 seek to challenge the judgment dated 16.01.2003 and order dated 20.01.2003 of the Additional Sessions Judge, Delhi in S.C.No.48/2000, whereby the learned Judge has held Rishi Ram, Guddu, Anil and Sarvesh guilty of the offence punishable under Section 364A/307/34 IPC while acquitting Rajpal giving him benefit of doubt. Further, by a separate order the learned Judge has awarded each of the convicts a sentence under Section 364A/34 IPC to undergo rigorous imprisonment for life with a fine of Rs.20,000/-(rupees twenty thousand) each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each. The convicts were further sentenced under Section 307/34 IPC to undergo rigorous imprisonment for five years with a fine of Rs.5,000/- (rupees five thousand) each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month each. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case as have been set down by the learned Additional Sessions Judge are as follows:-

(3.) The prosecution, in order to support its case, examined as many as 12 witnesses. PW-1 is Jai Ram, who is the father of the kidnapped boy while PW-2 is Chander Prakash @ Chandu, a minor child who was about 11 years of age when he was kidnapped. PW-3 is constable Bailey Ram, who deposes to be on duty in PCR Van C-77. While on patrol, he saw a boy having his throat slit and was unable to speak. The boy was PW-2, Chander Prakash. The constable informed the Police Station Bawana and took the child to Hindu Rao Hospital. Head Constable Udaivir was in-charge of the PCR van when they spotted injured Chander Prakash at about 8.30 a.m. They also contacted their control room and came to know that the boy is kidnapped from the area of Samaypur Badli about three days prior to his being recovered.