JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused-appellant (herein referred as 'the accused') was prosecuted for kidnapping Nitin Bansal, a 7 years old child, from the street while he was playing with other children and he was recovered on the same day within 4-5 hours. Consequently, he was tried, convicted and sentenced to undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 1,000/- under Section 363 of the Indian Penal Code vide judgment dated 18.01.2000, passed by Addl. Sessions Judge, Karnal.

(2.) ANIL Kumar complainant (herein referred as 'the complainant) disclosed that on 10.10.1995 at about 7:00 p.m., when he was present in the grain market, Nitin Bansal, his son aged about 7 years, was playing in the street alongwith other children from where accused Jagdish (herein referred as 'the accused') took him away. On receiving the message, he came and set for searching the child, who was recovered from the fields at about 12:00 midnight on the same day. Accused was also accompanying the complainant at the time of recovery of the child. On the aforesaid statement of complainant (PW6), FIR was registered on 12.10.1995. Nitin Bansal was also medically examined on that very day. Statements of witnesses were recorded and case was investigated.

(3.) THE accused was charged for the offences under Section 367 IPC to which he pleaded not guilty and opted to contest.