LAWS(DLH)-2009-2-263

JAI SINGH Vs. STATE NCT OF DELHI

Decided On February 20, 2009
JAI SINGH Appellant
V/S
STATE NCT OF DELHI Respondents

JUDGEMENT

(1.) THE appellants were charged for the offence punishable under Section 364 -A IPC read with Section 120 -B IPC.

(2.) THE gravamen of the allegation was that pursuant to a criminal conspiracy hatched by the appellants to kidnap for ransom, Umesh son of Jaipal, on 21.8.1999 Umesh Kumar aged 3 years was kidnapped from outside House No. G -53, Gali No. 3, Shastri Park, Delhi and a ransom in sum of Rs. 10,00,000/ - (Rupees Ten Lacs) was demanded from Jaipal for releasing Umesh Kumar.

(3.) LEARNED Trial Judge has held that the evidence does not establish that Santosh Kumar had entered into a conspiracy to kidnap the young boy but knowing that the young boy had been kidnapped, wrongfully concealed the young boy in his house, and hence same intention as that of the co -accused had to be imputed to him by virtue of Section 368 IPC.