KAMLESH ALIAS LALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Kamlesh alias Lali has filed this appeal against the judgment of conviction dated 10.11.2001 and the order of sentence dated 13.11.2001, passed by the Court of Additional Sessions Judge, Faridabad, whereby she has been convicted under Section 364-A IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) Ravi (victim) son of Satpal (complainant) aged about 8 years was studying in LKG class in New Light School, Faridabad. On 14.12.1999, at about 7.45 a.m., he left the house for his school. When he did not return to the house after the school hours, then his father enquired from the school, where he was told that on that day, his son did not come to the school. On search, when the child could not be traced, on the same day, his father reported the matter to the police. Thereupon, a missing report (Ex.PA) was recorded in Police Station Old Faridabad at 6.40 PM. Thereafter, extensive search for the child was made and wide publicity was given in the print and electronic media, but no clue of the child could be found. Then, on 17.1.2000, on a written complaint (Ex.PB) made by the father, FIR (Ex.PB/2) under Section 364 IPC was registered against the unknown accused. In the said FIR, it was suspected by the complainant that his son Ravi has been kidnapped for murder. After registration of the case, on 18.1.2000, the complainant handed over a registered letter (Ex.PD) received by him to the police, which was taken into possession vide memo Ex.PC. In the said letter, a ransom of Rs. 3 lacs was demanded by one Raju Kushwah, District Bhind (M.P.). In the court, it was stated by the complainant that he received the said registered letter on 14.1.2000, but he handed over the same to the police on 18.1.2000. Thereafter, extensive search for the kidnapped boy was made, but he could not be recovered. In the meanwhile, on some clue given to the police by Chhote Lal (PW.4), on 12.6.2000, the police party along with complainant Satpal and Amar Chand raided one house belonging to one Jagat Narain in Rajiv Gandhi Nagar, Mainpuri (U.P.), where the boy was recovered from the custody of the appellant, who was residing as a tenant in that house. The recovery memo Ex.PE was prepared. The custody of the child was given to his father. The appellant was arrested. She was brought to Faridabad. On 13.6.2000, during interrogation, vide disclosure statement (Ex.PH), she disclosed that her husband Jitender alias Jeetu, her brother Jitender alias Pappu alias Paggu and her Bhabhi (brother's wife) Radha wife of Jitender alias Pappu had kidnapped Ravi under a conspiracy. He was taken in a tempo to Sangam Vihar, Delhi, in the house of Radha, where he was kept for three days. Thereafter, he was taken to Rajiv Gandhi Nagar Colony, Mainpuri (U.P.) and since then, the boy was with them.

(3.) On the same day, statement (Ex.PH/1) of Ravi under Section 164 Cr.P.C., was recorded by Judicial Magistrate 1st Class, Faridabad, wherein he had stated that when he was standing at the gate of his school, then father of Meenu (Jitender-husband of the appellant) came to him and made him to sit on the cycle and took away. Thereafter, he was made to sit in the tempo and was taken to the house of Radha Bai (Bhabhi of the appellant) and he was kept there, from where he was taken to the house of Mishra (Jagat Narain), where he remained till his recovery.