SUBRAHMANIUM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5th February 2003 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi in Sessions Case No.91/02 arising out of an FIR No.655/97 registered at PS Nandnagri convicting the Appellant for the offences punishable under Sections 363/364A IPC and the order on sentence dated 6th February 2003 whereby he was sentenced for each of the aforementioned offences to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.15, 000/- and in default of payment of fine, to undergo further rigorous imprisonment for a further 18 months. The sentences were directed to run concurrently.

(2.) The Appellant was charged with having taken away the minor child of Gopal (PW-3) aged 5 years from his lawful custody at around 2:30 pm on 23rd September 1997 when he was playing outside his house in Priyadarshni Vihar, Kodi Colony. The police was given information about the child having gone missing when PW-3 lodged a complaint at around 10:10 pm on 24th September 1997.

(3.) In a subsequent statement to the police, given on the same date, PW-3 stated that he suspected the Appellant. He explained that, at around 3 pm on 23rd September 1997, he was with the Appellant as they were making preparations to search for the missing child. PW-3 asked the Appellant to call one Munna and went to the toilet which was on the roof of the house. When he was on the roof of the house, he heard the voice of a lady residing 4-5 houses away who said that a ransom letter had been found in front of his house. The Appellant picked up the letter which was written in Hindi. The letter instructed PW-3 to send Rs.15, 000/- through the Appellant to GTB Hospital and also stated that PW-3 should not come there himself nor should he mention the matter to the police.