MOHSIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is an appeal under section 374 (2) of the Code of Criminal Procedure, 1973 filed against the impugned judgment dated 22.12.2015 and order on sentence dated 08.01.2016 passed by the learned Trial Court in FIR No.448/2009, under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC'), by which the appellant has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, for the offence punishable under Section 302 IPC and in default of payment of fine, to further undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution is that on 22.10.2009, information was received at Police Station Bhajanpura from SI Jaswant Singh of Police Station Mansarovar Park that at about 7.40 a.m. someone had left behind a dead body of a girl aged about 24 years at the casualty of GTB Hospital. The information was recorded vide DD No.9A. The dead body was identified by the mother (PW-3) of the deceased. The mother of the deceased also informed the police that she had lodged a missing report about the deceased at Police Station Bhajanpura.

(3.) It may be noted that pursuant to the missing report, DD No.7A dated 20.10.2009; a case was registered at Police Station Bhajanpura regarding the missing person. It may also be noted that on 19.10.2009, a phone call had been received from the appellant Vicky, Shaukat and Arif @ Patta whereby the mother of the deceased was informed that the deceased was in their custody. A demand of Rs. 5 lacs was made. The deceased had spoken to her mother and had expressed her desire to come back.