BITTU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Revisionist-accused was convicted and sentenced to undergo rigorous imprisonment for a period of two and a half years along with a fine of Rs.10,000.00under Sec. 365 of the Indian Penal Code, 1860. Against the said judgment dtd. 22/1/2011, passed by learned Chief Judicial Magistrate, Haridwar in Criminal Case No. 166 of 2011, an Appeal (Criminal Appeal No. 24 of 2011) was filed. The said Appeal has been dismissed vide judgment dtd. 5/8/2011, passed by learned Additional Sessions Judge/IInd FTC, Haridwar.

(2.) The case of the prosecution is that the informant Janeshwar (PW3) informed the police on 24/6/1998 that his five year old son-Shubham Kumar was missing since 22/6/1998. A missing report was registered by the police. On 25/6/1998, when the police party along with the informant-Janeshwar (PW3), Babu Ram (PW1), Vinay Pradhan (PW4) and one Sukkar were searching for the missing child, they received a secret information that the missing child could be recovered from a slum. Accordingly, the police party along with the above mentioned persons raided the said slum. Shubham Kumar was sitting scared outside the said slum. The revisionist's mother Smt. Sunita was standing outside the slum and the revisionist and his father-Ramesh were present inside the said slum. They were arrested by the police.

(3.) Upon conclusion of the investigation, a charge-sheet (Ext. Ka 4) was filed by Mr. B.S. Bhakuni (PW5).