RAI SINGH Vs. STATE

JUDGEMENT

(1.) THESE are Appeals under Section 374 (2) of the Cr. P C against the judgment dated 9. 10. 2002 and sentence dated 28. 10. 2002 passed by the learned additional Sessions Judge, Delhi Shri M. S. Sabharwal in Sessions Case No. 40/1999 arising out of FIR No. 81/99 PS Samey Pur Badali. By virtue of the impugned judgment and order the Appellant, Rai Singh, in Criminal Appeal No. 52/2003 has been convicted with respect to offences under Section 364-A, Section 302, 201 and Section 34 of the Indian Penal Code, as also of an offence committed under Section 377 of the Indian Penal code. Similarly, by virtue of the impugned judgment the Appellant, Ramesh alias Pappu being Appellant in criminal Appeal No. 628/2003 has been convicted for offences under Section 364-A/302/377/201 and 34 of IPC. It is important to note that there was no charge against Shri Ramesh @ Pappu under Section 377 of the IPC. Shri Sadre Alam, the appellant in Criminal Appeal No. 294/2003 has been convicted and sentenced by the very same judgment for offences under Section 364-A/302/201 and Section 34 of IPC as also under Section 377 of the IPC.

(2.) WE propose to dispose of all the three Appeals by a common judgment as they arise out of the same impugned judgment and order of sentence passed by the learned Additional Sessions Judge.

(3.) BEFORE dealing with grounds set out in the Appeal, it would be important to state the case of the prosecution before the trial court. On 7. 2. 1999 one Shri Prempal Singh R/o N-41/e-235, Jhuggi, JJ Camp, Suraj Park, samaypur Badli, Delhi filed a missing person's report at around 8. 00 pm with the Police Station at Samaypur Badli, Delhi (hereinafter referred to in short as the "said Police Station" ). In the report which is exhibited as Ex. PW8/a and which was diarized as Daily Diary Entry No. 31/b it is mentioned that he is a resident of N-41/e-235, Jhuggi, JJ Camp, Suraj Park, Samaypur Badli, Delhi; that today i. e 7. 2. 1999 since 1. 00 pm, his son Pravesh aged about six years who was playing with some children is missing and has not returned home since then. He is further stated to have communicated that even though he had tried to search for the missing child on his own, they had not succeeded and consequently, the report was being filed with the said Police Station. He also supplied the description of his missing son, Parvesh who, he stated, was about 3 ft. in the height and was wearing at the relevant time a sweater having red and green colour stripes and white colour shorts.