SONU KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since common question of law and facts are involved in all these appeals, they are taken up together and decided by this common judgment.

(2.) Instant appeals are preferred against the judgment and order 27/5/2013, passed in Sessions Trial No. 215 of 2010, State Vs. Surendra Kumar and others, by the court of Additional District and Sessions Judge, Dehradun. By it, the appellants have been convicted under Sec. 363 read with 34 and 364A read with 34 IPC and sentenced as hereunder:-

(3.) Shorn of unnecessary details, according to the prosecution on 26/7/2010, PW1 Hemlata Singh, the informant alongwith her son Vishvajeet aged 5 years (the victim) had gone to bring her elder son from the school. The co-convict Surendra Kumar was her driver. The victim alongwith the driver was in the car. PW1 Hemlata Singh had gone to purchase some articles in the shop. When she returned, she did not find her car and the victim. She immediately telephoned various persons including PW3 Vikshit Goyal, one of her acquaintances. When the victim could not be located, an FIR (Ex. A1) was lodged. Based on which, Case Crime No. 295 of 2010, under Sec. 363 IPC was lodged against the co-convict Surendra Kumar and the investigation proceeded. The mobile number of the appellant driver was put under surveillance. On 27/7/2010, the mobile phone of the co-convict Surendra Kumar was located in Nainital. Police team had also left for Nainital. The car of PW1, the informant was located at Bhowali car parking. It was put under surveillance. On 27/7/2010, at about 5:30 p.m., the co-convict Surendra Kumar approached the car, opened it and sat inside it. He was arrested.