RAGHUBIR SINGH Vs. STATE

JUDGEMENT

(1.) SIX persons; namely, Ram Chander, Raghubir, Daulat Ram, Subhash Chand, Radha Devi and Rajender were accused of having entered into a conspiracy to kidnap for ransom, Harbans aged 4 years and extract ransom from his father Munna Lal. It was the case of the prosecution that Radha Devi and Subhash Chand took Harbans from the lawful custody of his parents i.e. kidnapped him. The young child was confined in the house of Rajender. Ram Chander, Daulat Ram and Raghubir were instrumental in transporting the child and demanding ransom. The child was recovered from the house of Rajender and at that time Raghubir and Daulat Ram were present in the house. The where about of the house and the child were provided by Ram Chander.

(2.) RAJENDER was declared a proclaimed offender and thus trial qua him was segregated.

(3.) HARBANS went missing from his house on 20.11.1996 and while informing the police of Harbans being missing it was stated by Munna Lal PW -2, the father of Harbans, that his son had gone out to purchase biscuits and had not returned. Six months thereafter, on 11.4.1997, Memsri PW -5, the mother of Harbans, for the first time told the police, as recorded in her statement under Section 161 Cr.P.C. that accused Radha Devi wife of Subhash Chand had come to her house on the day her son went missing and asked her son to go outside and play. Since the only incriminating evidence against Radha Devi and her husband Subhash Chand was the testimony of Memsri PW - 5, as afore -noted, both of them have been acquitted. The reason given by the learned Trial Judge is that the facts disclosed by Memsri after five months inspired no confidence and specially in view of the fact that in the statement Ex.PW - 2/A made by her husband to the police on the day Harbans went missing, no such fact was stated. On the contrary, it was stated that Harbans had gone out to purchase biscuits. Finding returned is that Memsri could not be believed.