STATE Vs. JAIDEEP & ORS

JUDGEMENT

(1.) Acquittal of respondents recorded by the learned Additional Sessions Judge-02/Fast Track Court, New Delhi District, Patiala House Courts vide its order dated 06.04.2018 passed in Sessions Case No. 174/2013 arising out of FIR No. 71/2005 under Sections 364-A/120-B of the Indian Penal Code (hereinafter referred to as "IPC") and 25 of the Arms Act, has led to the filing of the present criminal leave petition. Facts of the case

(2.) The case of the prosecution in a nutshell is that on 25.02.2005 PW-3 Rajender Kumar Sharma, father of the victim-1 reported in Police Station that his son PW-1 Rahul Sharma (Victim-1) residing with his family in 12-A, Ist Floor, Underhill Lane, Civil Lines, Delhi had left for his shop at Chawri Bazar with his driver PW-2 Zakir (Victim-2) in Lancer Car No. DL 1CG 7555 magic black colour. At about 3:30 p.m., his wife called him on his mobile number but failed to contact him, thereafter, she made another call to PW-2 on his mobile number who informed her that PW-1 is inside the shop. Later again she tried to contact PW-1 as well as PW-2 but failed to establish any contact with them.

(3.) At about 5:30 p.m., PW-3 received a ransom call from the landline No. 23286929 of PW-1 shop, from a person who introduced himself as Shakir. According to PW-3, another call was received by him and he was made to speak to PW-1, who said that "They have brought me to some unknown place. You don't worry.". Thereafter, PW-3 spoke to the person who was on the telephone and asked him as to how much money he could give to seek release of PW-1 and informed him that he will call on the next day. After sometime, car of PW-1 was found at VIP parking of New Delhi Railway Station. On the complaint of PW-3 an FIR in the instant case was registered and entrusted to PW-20 Inspector Gulam Sabir, who carried out the investigation in the matter and efforts were made to trace the victims. The kidnappers demanded Rs. One Crore as ransom for release of PW-1. The CDR revealed the location of the caller as Greater Noida and surrounding area. In the interregnum, negotiation were going on for release of victims and payment of ransom amount. On 27.05.2005, the matter was transferred to Special Cell and was further entrusted to PW-27 SI Girish Kumar. The amount with the kidnappers was settled at Rs.20 Lacs and as per the direction of the kidnappers the currency was kept in a black handbag. A team was constituted to lay a trap but the kidnappers failed to turn up and on the same day, at about 11:00 p.m., Ms. Shivani wife of PW-1 received another call from the kidnappers asking her to deliver the money near Petrol Pump after Hindon River Bridge, Ghaziabad. Ms. Shivani along with PW-4 reached there and at about 11:30 p.m. four persons in a yellowish Esteem came there and took the bag containing Rs.20 Lacs promising to release the victims near Cross Road Sector-37, Noida near BP Petrol Pump on the Surajpur - Greater Noida Road.