RAKESH Vs. STATE OF DELHI

JUDGEMENT

(1.) APPELLANTS were alleged to have conspired to kidnap Angad, aged 71/2 years for ransom and in furtherance of the conspiracy they kidnapped Angad on 12.9.2000 and demanded for his release, firstly a sum of Rs. 4 lakhs and thereafter Rs. 2.5 lakhs. They were charged for committing offences punishable under Section 363; Section 364 -A and Section 120 -B IPC. The appellants have remained in judicial custody since the time of their arrest which took place in the month of October 2000. They have remained behind bars for over 8 years.

(2.) VIDE impugned judgment and order dated 24.2.2005, the learned Trial Judge has held them guilty of having committed offences punishable under Section 120 -B and Section 364 -A IPC. Vide order dated 26.2.2005, sentence to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - each; in default to undergo rigorous imprisonment for further period of one year each has been imposed.

(3.) IN convicting the appellants, the learned Trial Judge has held that the evidence of PW -13 Shri Harshvardhan, Sr. Scientific Officer, FSL, Haryana, who proved his opinion given in the report Ex.PW -13/A, to the effect, that the letters Ex.P -1, P - 2 and P -3 are written by the same person who had written the specimen writings Ex.PW -12/C -12 to Ex.PW -12/C -19; specimen writings being those of accused Rakesh are sufficient to prove that the three letters containing demand for ransom have been written by accused Rakesh. Believing testimony of Sant Raj PW - 3, father of Angad, as also the testimony of Angad examined as PW -10, coupled with the testimony of the investigating officer Inspector Kulbhushan PW -7, SI Inderpal PW -4 and SI Sanjeev Verma PW -12, the learned Trial Judge has held that their testimonies establish that Angad was recovered from the custody of accused Suresh, who on interrogation, made disclosure statement Ex.PW -4/A and thereafter pointed out the house of co -accused Rajesh at village Dhakia Shobha near Tilhan, District Shahjahanpur, UP. Noting additionally the testimony of Angad and holding it to be worthy of acceptance the learned Trial Judge has held that the evidence establishes the involvement of the two appellants in the commission of the crime.