VIKRAM YADAV Vs. STATE

JUDGEMENT

(1.) On the intervening night of 21st and 22nd November 2001, Mosami Roy PW-1, received a call around 9 PM from Shri T.K. Roy PW-3, the elder brother of Ratan Roy, enquiring whether Ratan Roy was back from office or not. On being told that Ratan Roy had not returned, T.K.Roy informed Mosami that he had received a call on the mobile phone of Ratan Roy. First Ratan Roy spoke to him and thereafter a kidnapper spoke to him and he learnt that Ratan Roy has been abducted and ransom in sum of Rs. 10 Lacs would have to be paid to secure his release. Mosami Roy contacted Harmeek PW-2, who was a subordinate to Ratan Roy in his office, and was told that Ratan Roy had left the office at around 6.30 PM. On being told that Ratan Roy had been abducted, Harmeek reached the house of Ratan Roy. Sometimes later she received a call from Romy Chopra PW-5, who was a senior to Ratan Roy in his office i.e. Schnieder Electric India Ltd. Romy informed her that he had received a call from Ratan Roy who told him that he needed Rs. 10 Lacs and that the call got suddenly disconnected. He contacted Mr. Deepak Sahni who was the immediate superior of Ratan Roy and told him of his conversation with Ratan Roy. Deepak Sahni contacted him after a few minutes and told him that Ratan Roy had been probably abducted.

(2.) Mosami Roy rang up police station Dilshad Garden and informed the duty officer that her husband had been abducted and ransom calls were received by his brother and his friend. Said information was noted vide DD No. 17A, Ex.PW-14/A, at 12.29 AM and a copy of the same was given to SI Brij Mohan PW-14. Accompanied by Const. Ashok Kumar PW-15 and Const. Vijender, SI Brij Mohan reached the house of Ratan Roy i.e. C-60/2 Dilshad Garden, where he met Mosami Roy and Harmeek Singh. He informed PS Badarpur about the incident, since the place from where Ratan Roy was abducted, fell under the jurisdiction of PS Badarpur. At PS Badarpur, DD No. 29A, Ex.PW-12/A, was recorded at 1.15 AM pertaining to the abduction of Ratan Roy.

(3.) A copy of DD No. 29A was handed over to SI Rahul Sahni PW-26, who along with Cons.t. Ashok PW-24 went to the office premises of Ratan Roy i.e. P-1/A-11, Mohan Cooperatives, Mathura Road and finding nobody in the office SI Rahul Sahni made an endorsement Ex.PW-26/A on the copy of the DD No. 29A and sent the same for registration of an FIR through Const. Ashok PW-24. At the police station, HC Vijay Singh PW-12 registered the FIR Ex.PW-12/B under Section 364-A IPC.