AJAY SETHI Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed under section 374(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') against the impugned judgment dated 26.08.2016 passed in Sessions Case no.40/2014 FIR no.08/2009 P.S. Vasant Kunj, by which the appellant has been convicted under Section 413 of the Indian Penal Code. Challenge is also laid to the order on sentence dated 01.10.2016 by which appellant Ajay Sethi has been sentenced to the period already undergone by him which is 07 years 05 months and 09 days for the offence under Section 413 of the Indian Penal Code.

(2.) The case of the prosecution, as noticed by the learned Trial Court, is as under:

(3.) Mr. Sumeet Verma, learned counsel appearing for the appellant submits that the judgment passed by the learned Trial Court is based on mere conjectures and unsubstantiated grounds and digresses from the factual circumstances of the case. Learned counsel contends that no case under Section 413 of the Indian Penal Code is made out against the appellant as there is no judgment of conviction against the appellant under Section 411 of the Indian Penal Code. The learned counsel has placed reliance on Section 413 of the Indian Penal Code, which is reproduced below: