AZAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The aforementioned three appeals have been directed against judgment of conviction dated 14.7.2011 rendered by learned Additional Sessions Judge, Gurgaon whereby all the appellants were held guilty for committing offence punishable under Section 392 read with Section 397 IPC. However, accused Tahir was acquitted for the offence under Section 25 of the Arms Act. Vide order of sentence of the even date, each one of the accused was sentenced to undergo imprisonment for life for offence under Section 364-A IPC with fine of Rs.10,000/- each, in default of payment of fine, to undergo rigorous imprisonment for six months; for offence under Section 392/397 IPC to undergo imprisonment for 10 years each with fine of Rs.5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) The case of prosecution was unfolded by victim Sooyeon Kwon PW4 during the trial when she stated that she was a student of Pathways World School, Sohna-Gurgaon Road, Aravali Retreat, Gurgaon. On 25.2.2010, after attending the school, she was going to her home by a Santro car (No.0491) driven by the driver of the company. When the car reached T-junction near the school, three persons stopped the car by waiving hand. Out of them, one pushed the driver aside and took control of the car. Two pesons sat on the rear seat and surrounded her. She tried to get out of the car but they did not allow her to do so. They locked the car and snatched her camera, mobile phone and one MP3 player. They demanded Rs.1.00 lac as ransom. They teased her and also tried to touch her. After half an hour, they dropped the driver of the car. After driving for about one hour, they saw a police car and then dropped her and asked her to arrange the money.

(3.) She entered a house in the nearby village and contacted the persons residing in the house. On her request, they allowed her to make a call from their telephone. First of all, she contacted the police but they were speaking in Hindi language which she was not knowing. Then she contacted in her school. She identified Azad and Tahir as the persons who were amongst the three assailants and had forcefully kidnapped her for ransom.