ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HIMANSHU , a six years old UKG student of Green Land Senior Secondary School, Ludhiana, left for his school as usual at or around 07.30 a.m. on June 12, 2002 but did not return home. His father, Rajesh Kumar Singla (the complainant) (PW4), who was running a hosiery unit, vainly searched for him. At or around 04.00 p.m. he received a phone call. The caller told him that his son was in his custody and would be released only after an amount of Rs. 10,00,000/ - was paid to him. The caller also warned the complainant that if the police was informed, the boy would be done to death. Complainant recognized caller's voice as that of Roshan Lal (the appellant) who had been working in his factory and had left the job. He immediately rushed to Police Station, Salem Tabri. On his statement a daily diary report, Exhibit PA/1, was recorded at 05.15 p.m. on June 12, 2002 and based thereon First Information Report (FIR), Exhibit PA/2, was recorded. At or around 09.00 p.m. on that very day, complainant received another phone call from the appellant asking him to reach Bahadurke Road alongwith the demanded amount of money. The caller also repeated the threat that if the matter was reported to the police, the child would be killed. Complainant again went to the police station where higher police officers had already arrived and a raid was planned. A bag carrying bundles of papers tagged like currency notes was prepared and was handed over to the complainant. Six police parties of police personnel in civil clothes were formed. A police party headed by ASI Darshan Singh (PW3) followed the complainant and other parties followed that party.

(2.) ON reaching Bahadurke Road, appellant was seen standing near a wall and catching hold of the child from his neck. He even tried to strangulate his neck on seeing the police party approaching him after having been identified by Rajesh Kumar Singla. The police party was successful in rescuing the child. Appellant, however, escaped taking benefit of darkness. Child was handed over to complainant's brother, Shovan Kumar Singla (PW2).

(3.) ON being interrogated while in police custody, appellant suffered a disclosure statement, Exhibit PD, and pursuant thereto led the police party to his house and got recovered a school bag containing books (Exhibit P2), lunch box (Exhibit P1) and school uniform (Exhibit P3) of Himanshu. During further interrogation he suffered another disclosure statement, Exhibit PH, and in pursuance of it got recovered a bicycle (Exhibit P7).