NARENDRA Vs. STATE

JUDGEMENT

(1.) THE appellants have assailed the judgment and order on conviction dated 29th January, 2001 whereby appellants Navin Kumar and Satish kumar have been convicted for offence under Section 364-A, Indian Penal Code (hereinafter referred to as "ipc") and are sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default to undergo six months' simple imprisonment (SI ). Appellants Narender Kumar and Usha sikka have been convicted for offence under Section 368/34 IPC and are sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine to undergo six months' SI. Benefit under Section 428, Cr. P. C. has also been given to the appellants.

(2.) AS per the prosecution case, a seven years old child named Parikhil was kidnapped on 23. 1. 1999 at about 6. 30 p. m. from Rajouri Garden in front of House No. S-37, in a white Maruti car. The child had left his house to buy some samosa and did not return home thereafter.

(3.) THE father of the child Shri Gurdip singh (PW-7), informed the police about the aforesaid incident. Pursuant to the information recorded vide DD No. 17-A (Ex. PW-1/ a), SI Sanjay Kumar PW-21. accompanied by Const. Banwari Lal PW-5, reached the place of occurrence where he met Shri gurdip Singh. The statement Ex. PW-7/a of shri Gurdip Singh was recorded and endorsed by SI Sanjay Kumar, ASI Prem Lal (PW-2), Duty Officer at Police Station Rajouri garden recorded FIR No. 205/2003, Ex. PW-2/a under Section 365, IPC on the basis of the said statement.