KAMAL KUMAR Vs. STATE

JUDGEMENT

(1.) THE instant appeal challenges the judgment and order dated 18.08.06 and the order dated 19.08.2006 passed by the learned Additional Sessions Judge, New Delhi, in Sessions Case No. 62/2002 arising out of FIR No. 119/2002 registered at Police Station, Ambedkar Nagar. By virtue of the impugned judgment and order, the learned Trial Judge has held the appellant guilty of committing offences punishable under Sections 354/363/302 IPC and sentenced him to undergo imprisonment for life and pay a fine of Rs. 2000/ -, in default to undergo SI for 2 months for offence punishable under Section 302 IPC; RI for two years and pay a fine of Rs. 1,000/ -, in default to undergo SI for 1 month for offence punishable under Section 363 IPC; RI for one year and pay a fine of Rs. 500/ -, in default to undergo SI for 1 month for offence punishable under Section 354 IPC and has further directed that all the sentences awarded to the appellant shall run concurrently.

(2.) A synoptical resume of the prosecution case is that the police swung into action when pursuant to a wireless information DD No. 80B, Ex.PW -11/A, was recorded by Const. Siri Kishan PW -11, at 12.36 A.M. on 19.03.2002 at Police Station Ambedkar Nagar to the effect that a resident of F -200, Dakshin Puri has informed that a girl named Vaishali daughter of Brijesh was missing since morning. ASI Shamsher Singh PW -15, was handed over a copy of the DD Entry. Accompanied by Const. Jagat Singh PW -10, he reached the place from where said information was sent i.e. F -200, Dakshin Puri, where they learnt that Brijesh had gone searching for his daughter Vaishali. At around 3 -3.15 A.M. on 19.03.02 ASI Shamsher Singh PW -15 recorded the statement Ex.PW -3/A of Brijesh, and made an endorsement Ex.PW -15/B thereon and forwarded the same at 3.30 A.M. through Const. Jagat Singh PW -10 to the police station for registration of a FIR. HC Umed Singh PW -8, registered the FIR, being No. 119/02 under Section 363 IPC, Ex.PW -8/A. Thereafter the matter was handed over to SI Balraj Singh PW -17, for further investigation.

(3.) SINCE Brijesh PW -3, had told the police that baby Vaishali was last seen in the company of the appellant, the needle of suspicion pointed towards the appellant. The police went about searching for him and apprehended him on 19.03.02 at about 8.00 A.M.