STATE Vs. RAVI KAPOOR & ANR

JUDGEMENT

(1.) Introduction

(2.) The case of the prosecution is that Jigisha Ghosh, the deceased, the 28 year old daughter of Mr. J.N. Ghosh (PW-1) was working as Operations Manager in Hewitt Associates Private Limited for a period of 5 years prior to her death. An office cab used to pick up and drop the deceased. On 17th March, 2009 at around 12 noon, the deceased left her house in the office cab. She was expected to return home at 4 am on 18th March, 2009. When she failed to return from her office, PW-1 initially presumed that she had overstayed at the office as she had done on some occasions in the past. However, when the office cab came to the house of PW-1 the following day at about 3 pm to pick her up, PW-1 realised that the deceased had not stayed in the office and in fact the office cab had dropped her back on the previous night. PW-1 then called the office of the deceased but no information as to her whereabouts was forthcoming. Mr. Jerry Joseph (PW-5), a senior colleague of the deceased at her work place, visited the house of PW-1 but could not provide any clue. When PW-1 called the deceased on her mobile phone, it was switched off.

(3.) On 19th March 2009, PW-1 inquired from the HDFC Bank and was informed that from the ATM account of the deceased, a sum of Rs.25,000/- was withdrawn on 18th March, 2009. It was further revealed that articles worth Rs.70,000/- had been purchased from different places using the debit card of the deceased. PW-1 suspected that the deceased had been kidnapped by some unknown persons. He, therefore, approached police station (P.S.) Vasant Vihar and gave a complaint (Ex.PW1/A). This was recorded by Sub- Inspector Neeraj Chaudhary (PW-47). PW-1 further informed PW-47 that by making a phone call to HDFC Customer Care, he had found that Rs.25,000/- had been withdrawn on 18th March, 2009 through the ATM card of the deceased and heavy shopping had been done by using her debit card. PW-1 further gave the following details: "My daughter's height is 5'4", thin built, dark wheatish complexion, shoulder cut hair, oval face and having an old mark of burning at her left leg. My daughter was wearing a T- shirt of light yellow colour having three big buttons on the front side, a yellow colour striped pants, black coloured high heel shoes, a wrist watch of "rectangular design and dial frame", topaz and emerald fitted two gold rings and zircon and sapphire fitted silver rings on the fingers of left hand, a necklace of white pearl on her neck, earrings of white coloured pearls and a pink colour leather purse containing some amounts, ATM card, PAN card, a book of Arti, I-Pad and two mobile phones make Nokia of 99106-40120 and 9910736140 numbers. I apprehend that some unknown person has abducted my daughter Jigisha. My daughter may be searched and legal action may be initiated. I have heard the statement and the same is correct." Investigation